17871. Misbranding of   Dr.   Whitehall's   rheumatic   remedy.    U.   S.   v.   20
Boxes of Dr. Whitehall's Rheumatic Remedy. Default decree of 
destruction entered.     (F. & D. No. 25410.    I. S. No. 740.    S. No. 3661.)
Examination of samples of Dr. Whitehall's rheumatic remedy having shown 
that the label bore claims of curative and therapeutic properties that the 
article did not possess, the Secretary of Agriculture reported the matter to the 
United States attorney for the Southern District of California.
On December 4, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and Con- 
demnation of 20 boxes of Dr. Whitehall's rheumatic remedy, remaining in the 
original unbroken packages at Los Angeles, Calif., consigned by the Kells Co.,
Newburgh, N. Y., alleging that the article had been shipped from Newburgh, 
N. Y., in part on or about July 7,1930, and in part on or about August 5, 1930, i 
and transported from the State of New York into the State of California, and 
charging misbranding in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that the 
tablets contained acetanilide, sodium salicylate, sugar, starch, and talc.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative or therapeutic effects of the said article 
were false and fraudulent, since it contained no ingredient or combination of 
ingredients capable of producing the effects claimed: (Carton) "Rheumatic 
Remedy * * * For Rheumatism and Gout. * * * Directions. For 
acute or Inflammatory Rheumatism take a tablet every 2 to 4 hours. * * * 
In Chronic cases, after severe symptoms have * * * For Gout, Lumbago, 
Stiff, Swollen and Tender Joints, Crick in the Back, Stiff Neck, and ordinary 
forms of Rheumatism."
On January 6, 1931, no claimant having appeared for the property, a decree 
was entered adjudging the product misbranded and ordering that it be destroyed 
by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.