18479. Misbranding of Arex.    TJ. S. -r. 1 10/12 Dozen Boxes of Arex.    Default
decree   of   condemnation,   forfeiture,   and   destruction.     (F.   &   D.
No. 26006.    I. S. No. 15895.    S. No. 4280.)
Examination of a drug product, known as Arex, from the shipment herein 
described having shown that the box label and accompanying circular bore 
statements representing that the article possessed curative and therapeutic 
properties which it did not possess, the Secretary of Agriculture reported the 
matter to the United States attorney for the Middle District of Pennsylvania.
On March 16, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 1 10/12 dozen boxes of Arex, remaining in the original unbroken 
packages at Scranton, Pa., alleging that the article had been shipped by the 
Arex Products Corporation, from Brooklyn, N. Y., on or about June 9, 1930, 
and had been transported from the State of New York into the State of Penn- 
sylvania, 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 aspirin, caffeine, charcoal, a bismuth compound, cornstarch, 
and talc.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative and therapeutic effects of the said article, 
appearing in the labeling, were false and fraudulent, since it contained no 
ingredient or combination of ingredients capable of producing the effects 
claimed: (Tin box) "Ends Pain * * * Quick relief for headaches * * * 
grippe, influenza, rheumatism, sciatica, lumbago, neuralgia, neuritis, all aches 
and pains;" (circular) "Ends Pain * * * Headaches * * * relieves 
severe headaches almost at once without bad after effects. * * * In case 
of migraine or habitual headaches    *    *    *    until complete relief is obtained.
* * * Grippe * * * assists in checking the progress, aids in controlling 
the fever, relieves the pain, and assures undisturbed sleep, * * * until 
completely relieved. Influenza * * * assists in the elimination of poisons 
and in the control of the fever, relieves pains and aches of head and body, 
insuring refreshing and undisturbed sleep. * * * In absence of medical 
attendance   take  2   *    *    *   Tablets   *    *    *   until   completely   recovered;
* * * Painful Menstruation * * * gives relief. * * * Rheumatism, 
Gout, Sciatica, Lumbago, Neuritis, Neuralgia, Aches, and Pains. One of the 
highly important effects of * * * is the neutralization of poisonous acids 
in the system thus assisting in the removal of the causes of Rheumatism and 
kindred ailments. * * * should be permitted not only to relieve but it 
should be given ample opportunity to remove the.cause of pain."
On June 10, 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.
ARTHUR M. HYDE, Secretary of Agriculture.