26959. Misbranding of Curarina De Juan Salas Nieto. TJ. S. v. Richard Diener 
(Curarina Agency). Plea of guilty. Fine, $480. (F. & D. no. 85989. 
Sample nos. 19601-B, 19801-B, 20465-B, 24014-B, 25270-B, 25543-B, 25916-B, 
25918-B.)
The bottle and carton labels of this product and a booklet and a circular 
enclosed in the cartons, bore and contained false and fraudulent representations 
regarding its curative and therapeutic effects. It contained alcohol, and the 
package label failed to bear a statement of the quantity or proportion of alcohol 
contained in it.
On March 28, 1936, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Richard Diener, trading as Curarina 
Agency, Oxnard, Calif., charging shipment by said defendant in violation of the 
Food and Drugs Act as amended, on or about November 8, 9, and 10 and 
December 8 and 5, 1934, from the State of California into the States of Illinois, 
Pennsylvania, Idaho, Massachusetts, and Ohio of quantities of an article, 
labeled "Curarina De Juan Salas Nieto", which was misbranded.
Analyses of the article showed that it was essentially a water-alcohol solution 
of drug extractives, containing alcohol (about 33 and 34 percent by volume), 
solids (1.4 gram per 100 cubic centimeters), ash (0.2 and 0.26 gram per 100 
cubic centimeters), and traces of resin, saponin-like glucosides, and alkaloids.
The article was alleged to be misbranded in that statements regarding its 
curative and therapeutic effects, on the bottle and carton labels and in an 
accompanying booklet and circular, falsely and fraudulently represented that 
it would be effective as a specific in treating poisons, fevers, and many other 
ailments; effective as a treatment, remedy, and cure for all diseases of the 
blood,  heart  trouble,   sciatica,   sinus  trouble,  rheumatism,  blood  poisoning,
Poison snake and insect bites, mumps, malaria fever, sores, disorders of the 
only, rheumatism in its many forms, diabetes, 80 percent of all other ailments, 
spider sting, angina pectoris and hopeless cases thereof, high blood pressure, 
hardening of the arteries, pneumonia, typhoid fever, smallpox, sore throat, 
tonsillitis, influenza, grippe, lung and other bodily disorders, tetanus, animal 
poisons, bites of spiders, snakes and mad dogs and stings or scorpions, centi- 
pedes, stingarees, wasps, and giant white ants, malaria, yellow fever, black 
vomit, cholera and diarrhea accompanied by vomiting and cramps, miasmatic 
fevers, cholera, hemorrhages, wounds and bleeding, nasal hemorrhages, female 
hemorrhages, affections of the stomach, lientery, appendicitis, general debility, 
stomach and intestinal disorders, distemper in dogs and other animals, swollen 
throat, ptomaine poisoning, heart disease, kidney trouble, swollen ankles and 
severe sick headaches, arthritis, stomach trouble, and run-down condition; 
effective to build up the whole system, to build up the glands, to prevent 
apoplexy strokes, to prevent blood poisoning, and to kill germs in the blood 
stream; effective as the best health insurance and as a tonic; and effective 
to prevent illness by restoring activity to the glands, and to render the worst 
animal or insect sting absolutely harmless to the body.
The article was alleged to be misbranded further in that it contained alcohol 
and the label on the package failed to bear a plain and conspicuous statement 
of the quantity or proportion of alcohol contained therein.
On December 12, 1936, the defendant entered a plea of guilty and on 
December 28, 1936, the court imposed a fine of $480.
HAEEY L. BEOWN, Acting Secretary of Agriculture.