26819. Misbranding of Lee's Prescription.    IT. S. v. 30 Bottles of Lee's Prescrip¬
tion.    Default decree of condemnation and destruction.     (F. & D. no.
38498.    Sample no. 18437-C.)
This article contained acetophenetidin, a derivative of acetanilide, that was 
not declared on the label, which also bore false and fraudulent curative or 
therapeutic claims.
On November 5, 1936, the United States attorney for the Western District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 30 bottles of 
Lee's Prescription at Buffalo, N. Y., alleging that it had been shipped in 
interstate commerce on or about September 23, 1936, by the Erie Laboratories 
from Cleveland, Ohio, and that it was misbranded in violation of the Food 
and Drugs Act as amended.
Analysis of the article, which was in the form of capsules, showed that it 
contained 3.62 grains of acetophenetidin, 3.52 grains of acetylsalicylic acid, and 
caffeine in each capsule.
It was alleged to be misbranded in that it contained acetophenetidin, a deriva- 
tive of acetanilide, and the package failed to bear a statement of the quantity 
or proportion of acetophenetidin contained therein. Said article was alleged 
to be misbranded further in that the statements, "For lessening the Paroxysms 
of Hay Fever * * * Rose Fever, Sinus, * * * La Grippe, Running 
Nose, Weeping Eyes, * * * Etc.", appearing on the bottle label, falsely 
and fraudulently represented that it was capable of producing the effects 
claimed.
On November 30, 1936, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.