23262. Misbranding of Lambert's  Rbenmatlc Powders.     U.  S. v. 21  Pack¬
ages of Lamber's Rheumatic Powders. Default decree of con- 
demnation and destruction.    (F. & D. no. 32985.    Sample no. 71266-A.)
This case involved a drug preparation which was represented to contain no 
injurious drug. Examination showed that it contained drugs that might be 
harmful, that the declaration of the acetanilid present in the article was 
inconspicuously made on the side panel of the container, and that the labeling 
contained unwarranted curative and therapeutic claims.
On June 22, 1934, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 21 packages of Lambert's Rheu- 
matic Powders at Portland, Oreg., alleging that the article had been shipped 
in interstate commerce, on or about March 9, 1934, by the Lambert Chemical 
Corporation, from Minneapolis, Minn., and charging misbranding in violation 
of the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of acetanilide (2.3 
grains per tablet), acetylsalicylic acid, and salol.
The libel charged that the article was misbranded in that the statements 
on the label, " Positively do not contain morphine, opium, cocaine, chloral, 
caffeine or any other habit forming narcotic or injurious drug, * * * 
Safe * * * Remedy ", were false and misleading, since it contained acet- 
anilide and acetylsalicylic acid which might be injurious to the user and 
therefore cannot be regarded as safe. Misbranding was alleged for the further 
reason that the package failed to bear on the label a statement of the quantity 
or proportion of acetanilide contained in the article, since the declaration was 
inconspicuously made on the side panel of the container. Misbranding was 
alleged for the further reason that the following statements borne on the 
carton, regarding the curative or therapeutic effects of the article, were false 
and fraudulent: "Rheumatic * * * for the quick and positive relief of 
rheumatism * * * pleurisy * * * fever, grippe * * * in severe 
cases."
On September 4, 1934, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.