21793. Misbranding of Candy Cathartic Cascarets. tl. S. v. 209 Dozen 
Boxes and 104 Dozen Boxes of Candy Cathartic Cascarets. De- 
fault decree of forfeiture.     Product delivered to Federal agency.
(F. & D. no. 31266.    Sample nos. 58005-A, 58006-A.)
This case involved an interstate shipment of a product labeled to convey the 
impression that its active therapeutic agent was cascara sagrada. Examination 
of the article showed that it contained phenolphthalein, a synthetic cathartic 
drug. The labeling of the article also bore unwarranted curative and 
therapeutic claims.
On October 23, 1933, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 313 dozen boxes of 
Candy Cathartic Cascarets at Boston, Mass., alleging that the article had been 
shipped in interstate commerce on or about August 29, 1933,' by the Sterling 
Products, Inc., from Wheeling W.Va., 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 
consisted of lozenges composed essentially of phenolphthalein (0.62 grain each), 
extracts of plant drugs, including cascara sagrada and licorice, flavoring oils, 
including methyl salicylate and sassafras oil, and sugar.
It was alleged in the libel that the article was misbranded in that the following 
statements and design appearing in the labeling, (circular showing cut of 
monk removing bark from a tree, accompanied by legend "' Cascara sagrada 
¦—Sacred Bark") "Cascarets contain cascara, which is nature's own laxative. 
Cascara comes from the bark of a tree in the far West. Its name is cascara 
sagrada (sacred bark)-grown in the great outdoors. Combined and refined with 
other valuable ingredients. Real licorice and pure cane sugar are added and it 
is pressed into these candy-like tablets   *    *    *    Cascara will not lead to any
harmful habit. Physicians declare cascara an ideal laxative * * * So 
you need never hesitate to take Cascarets or to give them to children", 
(wholesale carton, retail metal container, and circular) " Candy Cathartic 
Cascarets", were false and misleading, since they conveyed the impression that 
the article was composed of an extract of cascara sagrada, licorice, and cane 
sugar; that its active therapeutic agent was cascara sagrada extract; that 
it was essentially a preparation of cascara sagrada and was essentially a 
candy; whereas it contained phenolphthalein, a cathartic drug synthetically 
prepared from phenol (carbolic acid) and phthalic anhydride; its physiologically 
active constituents were not derived solely from cascara sagrada; and the 
article was not candy. Misbranding was alleged for the further reason that the 
following statements regarding the curative and therapeutic effects of the 
article were false and fraudulent: (Circular) "Constipation of stubborn kind 
may be treated by a Cascaret morning and night until bowels are thoroughly 
flushed and have regained their normal, regular action. * * * in extreme 
cases "; (tin container) " For habitual constipation take one tablet at night and 
one in the morning; continue until relieved."
On December 21, 1933, no claimant having appeared for the property, 
judgment of forfeiture was entered, and it was ordered by the court that the 
product be delivered to the Food and Drug Administration of this Department 
for use in analytical research.
M. L. WILSON, Acting Secretary of Agriculture.