21589. Misbranding of Nu Pine.    V. S. v. 213 Bottles of Nu Pine.    Default
decree of condemnation, forfeiture, and destruction.     (F. & D. no.
30762.    Sample no. 42945-A.)
Examination of the drug product, Nu Pine, disclosed that the article con- 
tained no ingredient or combination of ingredients capable of producing certain 
curative and therapeutic effects claimed in the labeling. The packages failed 
to bear a statement on the label of the quantity or proportion of alcohol con- 
tained in the article.
On July 22, 1933, the United States attorney for the Middle District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 213 bottles of Nu 
Pine at Scranton, Pa., alleging that the article had been shipped in interstate 
commerce on or about November 9, 1932, by the Ray Sales Co., from New 
York, N.T., 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 it con- 
sisted essentially of alcohol (80.8 percent), volatile oils such as camphor and 
eucalyptol, and water.
It was alleged in the libel that the article was misbranded in that the 
package failed to bear a statement of the quantity or proportion of alcohol 
contained in the article. Misbranding was alleged for the further reason that 
the following statements regarding the curative or therapeutic effects of the 
article, were false and fraudulent: (Jar) " For * * * Hay Fever", (car- 
ton) "For * * * Hay Fever * * * Sinus Congestion * * * Bron- 
chial Asthma."
On August 16, 1933, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.