21596. Misbranding and  alleged  Adulteration of A-Vol  Tablets.     U.   S. v.
1 Large, 22 Medium, and 174 Small Bottles of A-Vol Tablets. De- 
fault decree of destruction. (F. & D. no. 31017. Sample nos. 42847-A, 
42848-A, 42849-A.)
Analysis of the drug preparation, A-Vol Tablets, showed that the article 
contained considerably less than 2% grains of acetphenetidin per tablet, the 
amount declared on the label. The labeling of portions of the article also bore 
unwarranted curative and therapeutic claims.
On August 26, 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 1 large, 22 medium, 
and 174 small bottles of A-Vol Tablets at Kansas City, Mo., alleging that the 
article had been shipped in interstate commerce on or about May 15, 1933, by 
the D. P. C. Laboratories, Holton, Kans., and charging adulteration and mis- 
branding in violation of the Food and Drugs Act as amended.
Analysis of a sample of the article by this Department showed that the tablets 
contained 1.3 grains to 1.5 grains of acetphenetidin each.
It was alleged in the libel that the article was adulterated in that its strength 
fell below the professed standard or quality under which it was sold, namely, 
"Two and one-half Grs. acetphenetidin."
Misbranding was alleged for the reason that the statement on the label, 
" Two and one-half Grs. acetphenetidin ", was false and misleading. Misbrand- 
ing was alleged for the further reason that the statement on the cartons of the 
medium and large packages, regarding the curative or therapeutic effects of the 
article, " Tends to relieve pain", was false and fraudulent.
On November 13, 1933, no claimant having appeared for the property, judg- 
ment was entered finding the product misbranded and ordering that it be 
destroyed by the United States marshal.
M. L. WHSON, Acting Secretary of Agriculture.