17972. Misbranding of Dr. Whitehall's rheumatic remedy. U. S. v. 47 
Cartons of Dr. "Whitehall's Rhenmatic Remedy. Default decree 
of destruction entered. (F. & D. No. 25496. I. S. No. 612. S. No. 
3748.)
Examination of samples of a drug product, known as Dr. Whitehall's rheu- 
matic remedy, having shown that the labels bore claims of curative and thera- 
peutic properties which the article did not possess, the Secretary of Agriculture 
reported to the United States attorney for the Southern District of California, 
the herein-described shipment of a lot of the product located in Los Angeles, 
Calif.
On December 19, 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 47 cartons of Dr. Whitehall's rheumatic remedy, remaining in the 
original unbroken packages at Los Angeles, Calif., consigned by the McCuUough 
Drug Co., Lawrenceburg, Ind., alleging that the article had been shipped from 
Lawrenceburg, Ind., on or about October 23, 1930, and transported from the 
State of Indiana 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 acentanilide, 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, 
appearing on the carton and in the accompanying circular, were false and 
fraudulent, since it contained no ingredient or combination of ingredients ca- 
pable 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;" 
(circular) " Rheumatic Remedy.   For Rheumatism & Gout.   *   *   *   For the
Benefit of Persons afflicted with Rheumatism in any of its various forms, we 
confidently offer * * * Rheumatic Remedy One That Can Be Relied Upon 
For Gout, Lumbago, Stiff, Swollen and Tender Joints, Crick in the Back, Stiff 
Neck, and other forms of Rheumatism. * * * Rheumatic Remedy * * * 
Directions: For Acute Rheumatism * * * In the treatment of chronic 
cases."
On January 30, 1931, no claimant having appeared for the property, judg- 
ment was entered finding the product misbranded, and it was ordered by the 
court that the said product be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of Agriculture.