21980. Misbranding of Benson's Gen-Lax Liniment, Fo-Sen, and Wallace's 
Liverade. U. S. v. 54 Bottles of Benson's Gen-Lax Liniment, 8 
Bottles of Fo-Sen, and 57 Bottles of Wallace's Liverade. Default 
decree of condemnation, forfeiture, and destruction.     (F. & D. no.
31684.    Sample nos. 59177-A, 59178-A, 59179-A.)
Examination of the drug products involved in this case disclosed that 
they contained no ingredients or combinations of ingredients capable of pro- 
ducing certain curative and therapeutic effects claimed on the labels. The 
product known as " Liverade " failed to bear on the package an informative 
declaration of the quantity or proportion of alcohol contained in the article, 
since it was labeled, " Not over 15% alcohol", and contained 9.1 percent 
of alcohol by volume.
On December 8, 1933, the United States attorney for the Eastern District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and. condemnation of 54 bottles of 
Benson's Gen-Lax Liniment, 8 bottles of Fo-Sen, and 57 bottles of Wallace's 
Liverade at St. Louis, Mo., alleging that the articles had been shipped in 
interstate commerce on or about August 16, 1933, by the Ellis-Jones Drug 
Co., from Memphis, Tenn., and charging misbranding in violation of the 
Food and Drugs Act as amended. The articles were labeled in part variously: 
" Benson's Gen-Lax Liniment * * * manufactured by Gen-Lax Med. Co. 
Mobile, Ala." ; Fo-Sen * * * Prepared only by Ellis-Jones Drug Co. * * * 
Memphis, Tenn."; " Wallace's Liverade * * * Manufactured by Liverade 
Medicine Co., Incorporated, Fulton, Kentucky."
Analyses of samples of the articles by this Department showed that the 
Benson's Gen-Lax Liniment consisted essentially of volatile oils, such as 
methyl salicylate and sassafras oil, red pepper extract, and a petroleum 
distillate, such as kerosene, colored red; that the Fo-Sen consisted essentially 
of extracts of plant drugs, including a laxative drug, alcohol, sugar, and water: 
and that the Wallace's Liverade consisted essentially of extracts of plant 
drugs, including a laxative drug, such as cascara sagrada, licorice, red pepper, 
sugar, alcohol (9.1 percent by volume), and water.
Misbranding of the Benson's Gen-Lax Liniment was alleged for the reason 
that the statements appearing upon the bottle and carton labels, regarding the 
curative or therapeutic effect of the article in the treatment of rheumatism, 
toothache, earache, sore throat, swellings, pains and aches, foot troubles, coughs, 
lame back and inflammation, catarrh of the head, nose, and throat, swollen 
gums, deafness, lumbago, stiff joints, colic cramps, cholera morbus, cholera 
infantum, diarrhea, dysentery, and pains in the stomach and bowels, were false 
and fraudulent
-—Misbranding of the Fo-Sen was alleged for the reason that the statements 
upon the bottle and carton labels, regarding the curative or therapeutic effect 
of the article in the treatment of weak and sluggish liver, chronic constipation.
torpid liver, biliousness, nervous and sick headache, indigestion, and inactive 
liver, were false and fraudulent.
Misbranding of the Wallace's Liverade was alleged for the reason that the 
statements upon the carton labels and the accompanying circular,, regarding 
the curative or therapeutic effect of the article in the treatment of indigestion, 
sick headache, dizziness, biliousness, torpid liver, headache, fevers, habitual 
constipation, and piles, were false and fraudulent.
Misbranding of the Liverade was alleged for the further reason that the state- 
ment on the carton label, " Not over 15% Alcohol", was misleading, since it 
contained only 9.1 percent of alcohol by volume, and for the further reason that 
the package failed to bear on the label a statement of the quantity or proportion, 
of alcohol contained in the article, since the statement made was incorrect.
On January 24,1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.