18484. Misbranding of   Korathein.    IT.   S.   v.   9  Dozen   Packages   of  Kora 
thein.    Default decree of condemnation, forfeiture, and destruc - 
tlon.     (F. & D. No. 25925.    I. S. No. 8118.    S. No. 4045.)
Examination of a drug product, known as Korathein, from the shipment 
herein described showed that the carton label and the accompanying circular 
bore statements representing that the article possessed curative and therapeutic 
properties which it did not possess. Examination further showed that the 
article contained acetphenetidin, a derivative of acetanilid, and that the label 
bore no statement of the amount of acetphenetidin present therein.
On February 18, 1931, the United States attorney for the Eastern District 
of Tennessee, 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 dozen packages of Korathein at Knoxville, Tenn., 
alleging that the article had been shipped by the Georgian Pharmacal Co., from 
Atlanta, Ga., on or about February 12, 1929, and had been transported from the 
State of Georgia into the State of Tennessee, 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 cap- 
sules contained acetphenetidin (1.12 grains per capsule), phenalthalein, caf- 
feine, camphor, a compound of calcium, and a salicylate.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing on the carton and in the circular, regarding the cura- 
tive 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) " Grippe, Flu, Also an excellent palliative for * * * 
Neuralgia;" (circular) "Especially Flu * * * often lead to more serious 
complications * * * with use of Korathein and by following these in- 
structions, you should enjoy a speedy recovery." Misbranding was alleged for 
the further reason that the package failed to bear a statement on the label of 
the quantity or proportion of acetphenetidin contained in the article.
One June 5, 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.