19466. Misbranding of Viavi liquid and Viavi liquid and cerate. U. S. v. 
10 Packages of Viavi Liquid and Cerate, et al. Default decree 
of condemnaton, forfeiture, and destruction. (F. & D. Nos. 27709. 
27710.    I. S. No. 31933.    S. No. 5550.)
The drug products herein described consisted of two lots of Viavi liquid and 
one lot of Viavi liquid and cerate, the latter being a combination consisting of 
a bottle of the liquid and a box of ointment. The labeling of the products 
contained statements representing that they possessed curative and therapeutic 
properties which, in fact, they did not possess.
On February 4, 1932, the United States attorney for the District of Colorado, 
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 10 packages of Viavi liquid and cerate, quarter course, 22 
packages of Viavi liquid, quarter course, and 11 packages of Viavi liquid 
course, remaining in the original packages at Denver, Colo., consigned by the 
Viavi Co., San Francisco, Calif., alleging that the articles had been shipped in 
interstate commerce from San Francisco, Calif., into the State of Colorado, 
in part on or about August 8, 1931, and in part on or about October 13, 1931, 
and charging misbranding in violation of the food and drugs act as amended.
Analyses of samples of Viavi liquid and Viavi liquid and cerate by this 
department showed that Viavi liquid consisted essentally of glycerin, extracts 
of plant drugs including hydrastis, and water; and that the Viavi liquid and 
cerate consisted of a bottle of the liquid (composition as stated above) and 
a box of ointment consisting essentially of tannin, berberine, and a trace of 
hydrastine in a base of theobroma oil and a petroleum product.
It was alleged in the libel that the articles were misbranded in that the 
following statements on the labels, regarding the curative or therapeutic effects 
of said articles, were false and fraudulent: (Bottle label of Viavi liquid) 
" For Catarrhal Conditions of Nose, Throat, and Bronchia * * * For 
Catarrhal and Inflammatory Conditions of the Stomach, Bowels, Kidneys, 
Bladder, Urethra;" (tin label of Viavi cerate) "Always rub toward the heart, 
in severe inflammation treat the parts with compresses."
On May 19, 1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of Agriculture.