27918. Adulteration and misbranding of  Starke Headache Powders.    IT.  S. v.
146, 139, and 126 Packages of stalks Headache Powders. Default 
decree of condemnation and destruction. (F. & D. Nos. 40027, 40028. 
Sample Nos. 35420-C, 48721-C, 48722-C.)
The labeling of this product contained false and fraudulent curative or thera- 
peutic claims. It also indicated that the article when used as directed, was a 
safe and appropriate medicine for the treatment or relief of headache and 
neuralgia, whereas it was not but was a dangerous drug when so used; and it 
failed to bear a correct statement of the quantity or proportion of acetanilide 
contained in the article.
On or about August 2, 1937, the United States attorneys for the Western 
District of Missouri and the Eastern District of Missouri filed in their respec- 
tive district courts libels praying seizure and condemnation of 285 packages of 
stalks Headache Powders at Kansas City, Mo., and 126 packages of the product 
at St. Louis, Mo., alleging that the article had been shipped in interstate 
commerce by Starks & Co. from Midway, Ky., between the dates of February 
8 and June 10, 1937, and charging misbranding in violation of the Food and 
Drugs Act as amended.
Analysis showed that the article contained 7 grains of acetanilide per powder, 
or 263 grains per avoirdupois ounce.
It was alleged to be adulterated in that its strength fell below the professed 
standard under which it was sold, namely, "Contain 290 Grains Acetanilide 
U. S. P. per Ounce," since it contained much less than 290 grains of acetanilide 
per ounce.
It was alleged to be misbranded in that the statement, "Contain 290 Grains 
Acetanilide U. S. P. per Ounce, or 6 Grains in Each Powder," was false and 
misleading since it contained much less than 290 grains of acentanilid U. S. P. 
per ounce and more than 6 grains in each powder. It was alleged to be 
misbranded further in that the package failed to bear on its label a statement 
of the quantity or proportion of acetanilide since the declaration made was 
incorrect It was alleged to be misbranded further in that the statements, (con- 
tainer) "Headache powders * * * For headache and neuralgia * * * 
Directions.—Put a powder on tongue and take a swallow of water. Repeat in 
two hours if necessary.   Take sparingly of food and drink.   *   *   *   Contains
no cocaine, chloral, or opiates," (circular) "Headache powders * * * For 
the relief of headache and neuralgia * * * Directions: Place a powder 
on the tongue and take a swallow of water. If needed, take another powder 
in two hours. Always take a powder as soon as you feel the first symptoms of 
headache or neuralgia. * * * 'Headache powders work like a charm with 
me; have been a great sufferer all my life.' * * * 'have entirely relieved me 
of the old sick headache which has troubled me for years,'" were false and 
misleading in that they would mislead the purchaser to believe that the article 
was a safe and appropriate medicine for the treatment or relief of headache 
and neuralgia, whereas it was a dangerous drug when used as directed; and in 
that said statements were false and fraudulent since they would mislead the 
purchaser to believe that the article was a safe and appropriate medicine for 
the disorders claimed for it; whereas it was not a safe and appropriate treat- 
ment but was a dangerous drug when used as directed.
On September 22 and September 28, 1937, no claimant having appeared, judg- 
ments of condemnation were entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.