20729. Misbranding1 of Zenar remedies. TJ. S. v. 5 Packages of Zenar No. 24 
Whooping Cough Remedy, et al. Default decrees of condemna- 
tion and destruction. (F. & D. nos. 28660 to 28669, incl. Sample nos. 
918-A, 920-A to 925-A, incl., 1119-A, 1122-A, 1123-A.)
These cases covered shipments of several proprietary medicines under the 
trade name " Zenar ", variously numbered and each labeled as a remedy for a 
particular disease or ailment, e. g., " Zenar No. 24 Whooping Cough Remedy ", 
etc. Analysis showed that the articles contained no ingredients or combinations 
of ingredients effective as remedies for the diseases for which they were 
put out.
On August 25, 1932, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States libels praying seizure and condemnation 
of 74 packages of Zenar remedies. The libel charged that the articles had been 
shipped in interstate commerce; that the shipments covered a period from 
February 26, 1931, to June 27, 1932; that they had been shipped by the Bika 
Biochemical Laboratories, from Philadelphia, Pa., to Los Angeles, Calif., where 
they remained in the original, unbroken packages, and that they were mis- 
branded in violation of the Food and Drugs Act as amended.
Analyses of samples of the articles by this Department showed that Zenar 
No. 24 consisted of tablets composed of milk sugar, small proportions of 
extracts of plant drugs, sulphur (approximately 0.3 percent), and other inor- 
ganic material including magnesium, sodium and potassium phosphates and 
sulphates (0.2 percent) ; Zenar No. 26 consisted of tablets composed of milk 
sugar, sulphur (0.03 percent), small proportions of other inorganic material 
including sodium, potassium, and calcium sulphates and phosphates (0.3 per- 
cent), and a trace of an arsenic compound; Zenar No. 3 consisted of tablets 
composed of milk sugar, sulphur (0.02 percent), and other inorganic material 
including sodium, potassium, calcium, and iron sulphates and phosphates (0.2 
percent) ; Zenar No. 19 consisted of tablets composed of milk sugar, sulphur 
(0.03 percent), and other inorganic substances including sodium, potassium 
and barium phosphates (0.1 percent) ; Zenar No. 18 consisted of tablets com- 
posed of milk sugar, sulphur (0.03 percent), other inorganic substances includ- 
ing sodium, potassium and calcium phosphates (0.1 percent), and a trace of 
an arsenic compound; Zenar No. 15 consisted of tablets composed of milk sugar,
sulphur (0.02 percent), and small proportions of other inorganic material in- 
cluding sodium, potassium, calcium, manganese, and iron phosphates and 
chlorides; Zenar No. 8 consisted of tablets composed of milk sugar, sulphur 
(0.04 percent), and other inorganic material including sodium, potassium and 
iron sulphates and phosphates (0.17 percent) ; Zenar No. 21 consisted of tablets 
composed of milk sugar, sulphur (0.03 percent) and other inorganic material 
including calcium phosphate (0.15 percent) and a trace of a silver compound; 
Zenar No. 5 consisted of tablets composed of milk sugar, sulphur (0.03 percent), 
and other inorganic material including calcium, magnesium, sodium, potassium, 
and iron sulphates, carbonates, phosphates and chlorides (0.3 percent) ; and 
Zenar No. 4 consisted of tablets composed of milk sugar, sulphur (0.02 percent), 
and other inorganic material including potassium, calcium and iron phosphates 
(0.25 percent).
It was alleged in the libels that the articles were misbranded in that the 
following statements on the packages, regarding their curative or therapeutic 
effects, were false and fraudulent: (Zenar No. 24) "Whooping Cough Rem- 
edy"; (Zenar No. 26) "Diabetes Remedy"; (Zenar No. 3) "Remedy for 
Women's Diseases"; (Zenar No. 19) "Glands and Goitre Remedy"; (Zenar 
No. 18) "Heart Remedy"; (Zenar No. 15) "Hardening of arteries Remedy"; 
(Zenar No. 8) "Rheumatism and Arthritis Remedy"; (Zenar No. 21) "Weak 
Nerves (impotency) Remedy"; (Zenar No. 5) "Pulmonary and Lung Rem- 
edy" ; (Zenar No. 4) " Nerve and Bladder Remedy."
On April 3 and April 5, 1933, no claimant having appeared for the property, 
judgments of condemnation were entered and it was ordered by the court that 
the products be destroyed by the United States marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.