21178. Adulteration and Misbranding of aspirin tablets.   U. S. v. 26 Cards,
104,612 Envelops, and 5 Dozen Bottles of Aspirin Tablets. De- 
fault decrees of destruction entered. (F. & D. nos. 30024. 30361. 
30405.    Sample nos. 28776-A, 34469-A, 35760-A.)
These cases involved shipments of alleged 5-grain aspirin tablets. Exami- 
nation showed that the article was below the professed standard, samples 
taken from each of the three lots having been found to contain 1.75, 2.0, and 
2.1 grains per tablet, respectively, of aspirin. In one of the shipments the 
labeling of the article also bore unwarranted curative and therapeutic claims.
On March 31, 1933, the United States attorney for the Western District of 
Missouri, acting upon a report   by the Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of 26 cards, each 
holding 48 small packages of aspirin tablets at Kansas City, Mo. On April 
27, 1933, the United States attorney for the Northern District of Illinois 
filed a libel against 104,612 envelops of aspirin tablets at Chicago, Ill., and on 
May 3, 1933, the United States attorney for the District of Massachusetts 
filed a libel against 5 dozen bottles of aspirin tablets at Boston, Mass. It was 
alleged in the libels that the article had been shipped in interstate commerce, 
between the dates of February 20 and April 8, 1933; that the shipments had 
been made by the Mills Sales Co., that the lots seized at Chicago and Boston had 
been shipped from New York, N.Y., that the lot seized at Kansas City, Mo., 
had been shipped from Chicago, Ill.; and that the article was adulterated and 
misbranded in violation of the Food and Drugs Act as amended.
The libels alleged that the article was adulterated in that its strength fell be- 
low the professed standard of quality under which it was sold, namely: (Label 
of lot at Kansas City, Mo., retail package) "Certified Pure Aspirin 5 Grain Tab- 
lets"; (display card) "5 Grain Tablets Certified Aspirin Pure"; (label of lot 
at Chicago) "Certified Pure Aspirin Five Grain Tablets"; (label of lot at 
Boston, bottle) " Tablets Aspirin Acetyl Salicylic Acid Five Grains." Misbrand- 
ing was alleged for the reason that the following statements in the labeling 
were false and misleading: (First lot)"Certified Pure Aspirin 5 Grain Tab- 
lets " and " 5 Grain Tablets Certified Aspirin Pure, * * * Hospital Stand- 
ard"; (second lot) "Certified Pure Aspirin Five Grain Tablets"; (third lot) 
"Tablets Aspirin Acetyl Salicylic Acid Five Grains." Misbranding was alleged 
with respect to the portion of the article seized at Kansas City Mo., for the 
further reason that the statements on the display card, " Recommended 
for * * * Neuritis * * * and other Aches & Pains, * * * To 
prevent gastric disturbances", were statements regarding the therapeutic or 
curative effects of the article, and were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed.
No claim or appearance was entered in the cases. On June 12, 1933, judg- 
ment was entered in the case instituted in the District of Massachusetts, order- 
ing that the product be forfeited and destroyed. Similar decrees were entered 
in the remaining cases: On June 16, at Chicago, Ill. and on July 26, 1933, at 
Kansas City, Mo.
M. L. WILSON, Acting Secretary of Agriculture.