18320. Misbranding of Neutrone " 99 " for rheumatism. TJ. S. v. 9 Large 
Bottles, et al., of Neutrone " 99 " for Rheumatism. Default decree 
of condemnation, forfeiture, and destruction. (F. & D. No. 26107. 
I. S. Nos. 27964, 27965.    S. No. 4395.)
Examination of a drug product, known as Neutrone "99" for rheumatism, 
showed that the bottle label, the wrapper, and accompanying circular contained 
representations that the article possessed curative and therapeutic properties 
which it did not possess. The label and wrapper bore a misleading statement 
relative to the quantity of alcohol contained in the article; the bottle label also 
contained a representation that the article would not impair the stomach, 
whereas it might be injurious to the stomach.
On March 27, 1931, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 9 large-sized bottles and 28 small-sized bottles 
of the said Neutrone " 99 " for rheumatism, remaining in the original unbroken 
packages at Philadelphia, Pa., consigned by the Kells Co., Newburgh, N. Y., 
alleging that the article had been shipped from Newburgh, N. Y., in part on or 
about October 8, 1930, and in part on or about December 16, 1930, and had 
been transported from the State of New York into the State of Pennsylvania, 
.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 it con- 
sisted essentially of sodium salicylate, potassium iodide, and iron compound, 
extracts of plant drugs including colchicum and podophyllum, a small propor- 
tion of chlorides, saccharin, alcohol (4.3 per cent), and water.
It was alleged in the libel that the article was misbranded in that the state- 
ment on the wrapper and bottle label, "Not in Excess of 9% Alcohol 
by Volume," was false and misleading in that it led the purchaser to believe 
that the article contained approximately 9 per cent of alcohol, whereas it 
contained less than 4 per cent of alcohol; for the further reason that the 
package failed to bear a statement on the label of the quantity or proportion 
of alcohol contained in the article, since the statement made was not correct; 
and for the further reason that the statement on the bottle label, "Does not
* * * impair the stomach," was false and misleading. Misbranding was 
alleged for the further reason that the following 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 pro- 
ducing the effects claimed: (Bottle) " For Rheumatism * * * formula 
of a Specialist as used successfully in his treatment of Rheumatism, Gout, 
and all conditions of that nature. * * * is successfully known for the 
radical removal of Rheumatic conditions * * * scientific combination of 
Rheumatic reducing elements and is dependable to produce results from the 
fact that it aims at Rheumatism as a disease of the blood * * * is a 
remedy internally treating Rheumatism as a constitutional disease by its 
general action through the blood. It acts particularly on Acute, Inflam- 
matory and Chronic Rheumatism, whether in the muscles or in the joints;" 
(circular) "Rheumatism Is a Deeply Rooted Disease. It takes a long time 
to develop and you cannot get rid of it in a day,    *    *    *    After taking
* * * for a short time and experiencing its benefits, do not jump to the 
conclusion  that  your  rheumatism  is  cured  because  the   pain  has  stopped.
* * * If you stop treatment too soon you may suffer a return of your 
rheumatism because it has not been Thoroughly driven from your system. To 
Be on the Safe Side, continue taking * * * for a little while after the Jast 
symptom of rheumatism disappears, simply as a safeguard against the return 
of your old enemy. Furthermore, If Yours Is a Severe, Chronic Case, of 
Rheumatism * * * Bear in mind what a stubborn ailment rheumatism is 
and how its poisons permeate the system and you will realize that in a long- 
standing case of chronic rheumatism it takes time to accomplish material 
benefits. Your case may be so severe as to require three or six or even more 
bottles;" (wrapper) "For Rheumatism."
On April 20, 1931, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ABTHTJE M. HYDE, Secretary of Agriculture.