26503. Adulteration and misbranding of Itallna Effervescent Salts. U. S. v. 103 Cans, 49 Cans, 126 Packages, 204 Cans, and 89 Cans of Itallna Effer- vescent Salts. Default decrees of condemnation and destruction. (F. & D. nos. 32684, 32843, 32848, 32849, 32850. Sample nos. 51665-A, 51666-A, 69892-A to 69895-A, incl., 69897-A, 69898-A.) These cases involved interstate shipments of Italina Effervescent Salts that contained an added deleterious ingredient that might have rendered it injurious to health, the labels and packages bore and contained false and misleading rep- resentations to the effect that the article consisted wholly of effervescent salts and was produced in Italy; and the packages and labels bore and contained false and fraudulent representations regarding its curative or therapeutic effects. The United States attorney for the Middle District of Pennsylvania, acting upon reports by the Secretary of Agriculture, filed in the district court on May 10, 1934, a libel praying seizure and condemnation of 39 cans of an article, labeled "Effervescente Italina * * * Florets Products Co., New York, New York", at Carbondale, Pa., and on November 13, 1934, four amended libels pray- ing seizure and condemnation of an article so labeled of 103 cans at Scranton, Pa., 49 cans at Carbondale, Pa., and 204 cans at Dunmore, Pa. It was alleged in the libels that the article had been shipped in interstate commerce from New York, N. Y., the 39 cans of the article at Carbondale, Pa., on or about July 17,1933, by F. Bonomo & Co., the 103 cans of the article at Scranton, Pa., on or about April 11, 1933, and January 4, 1934, the 49 cans of the article at Carbondale, Pa., on or about April 9, 1934, the 204 cans of the article at Dun- more, Pa., on or about October 19, 1933, by the Trieste Importing Co., and the 126 packages of the article at Wilkes-Barre, Pa., on or about February 20, 1934, by Louis Lapone; and that the article was adulterated and misbranded in vio- lation of the Food and Drugs Act as amended. Analyses of the article in all of the five cases showed that it consisted essen- tially of phenolphthalein, sodium bicarbonate, tartaric acid, citric acid, and sugar, flavored with lemon oil. The article in all of the five cases was alleged to be adulterated in that it contained an added deleterious ingredient, phenolphthalein, which might have rendered it injurious to health. The article in the 39 cans seized at Carbondale, Pa., was alleged to be adul- terated further (1) in that its strength and purity fell below the professed standard and quality under which it was sold, namely, "Effervescent Salts", since it contained ingredients other than salts; and (2) in that a substance, phenolphthalein, had been substituted in part for the article. The article in the 103 cans seized at Scranton, Pa., the 49 cans seized at Carbondale, Pa., the 126 packages seized at Wilkes-Barre, Pa., and the 204 cans seized at Dunmore, Pa., was alleged to be misbranded in that the statements, designs, and devices, appearing upon and within the packages, as follows, (metal container and the carton) "Italina * * * Delizioso Rinfrescente * * * A pleasant and refreshing drink * * * [design of a lemon] * * * 'It Tastes Like Lemon Soda' * * * Bibita piscevole e rinfrescente * * *", (wrapper) "Italina Effervescente Rinfrescente La Bibita Deliziosa Effer- vescente Italina Premiata Con Midaglia Thoro [design of medal] Bsposizione Di Firenze-Italia * * * Preferita Dai Vecchi * * * Gradita Dai Bambini * * * Italina Bibita Piacevole e Rinfrescante * * * A pleasant and refreshing drink * * *", (circular) "Italina", and "Perfect Effervescent Salt", "Effervescent Salts", and "Italina Salts", representing that the article consisted wholly of effervescent salts and a lemon product, that it was "effer- vescente", an Italian beverage, that it was a pleasant and refreshing drink of rapid effervescence, that it was preferred by the old, that it was agreeable to babies, and that it was an Italian product, were false and misleading. The article in the consignment of 39 cans at Carbondale, Pa., was alleged to be misbranded in that the statements and design, "Italian Effervescent Salts" (on the metal container and in a circular accompanying the package), "Perfect Effervescent Salt" (in a circular accompanying the package), and the design of a lemon (on the package and in a circular accompanying the package), representing that the article was a product of Italy, that it consisted wholly of effervescent salts and a lemon product, were false and misleading. Said article was alleged to be misbranded further in that it was an imitation of and was offered for sale under the name of another article, namely, "Effer- vescent Salts." The article was alleged to be misbranded in that the following statements, borne and contained on and within the packages, falsely and fraudulently rep- resented the curative or therapeutic effects of the article: (Portions of cans and packages) "For stomach troubles, acidity, nausea, indigestion * * * Recommended especially in cases of over eating or drinking"; (portions of cartons) "For stomach discomforts, acidity, nausea, indigestion when due to temporary constipation or indiscretion in diet"; (in Italian on portions of cans, cartons, and wrappers) "Excellent for disturbances of the stomach, acidity, nausea, * * * indigestion * * * Digestive"; (on portions of cartons) "Very good against stomach troubles, nausea, indigestion * * * Recommended especially in cases of overeating and drinking"; (on portions of wrappers) "Very good against stomach troubles"; (on a circular accompany- ing certain lots) "The perfect Effervescent salt that gives quick relief from stomach disorders * * * Faulty digestion is manifested in a multitude of ailments such as: * * * indigestion, unclean pimply complexion, nausea, general rundown condition, * * * gas, acidity, dull sleepy feeling, etc.:— in such cases and in cases of excessive eating or drinking, the use of Italina will prove most beneficial. If you suffer from any of these ailments, * * * Doctors say that indigestion, * * * and other stomach troubles prove the most relentless foes the complexion can have. It should therefore be the aim of all who value their personal appearance, to prevent these ills * * * It counteracts stomach disorders and cleans and purifies the bowels. Italina can make you look and feel your very best by keeping you free of poisonous wastes that pollute the blood stream; and often that is the only draw-back to better health * * * Its * * * acid neutralizing quality and instant relief of stomach distresses * * * This seal is the symbol of good health"; (in a second circular accompanying a certain lot) "Indigestion * * * Nausea, * * * Frequent Headaches, Acidity, Gas, Upset Stomach and Bad Complexion." On June 16, 1936, no claimant having appeared, judgments of condemnation were entered and it was ordered that the products be destroyed. M. L. WILSON, Acting Secretary of Agriculture.