28997. Misbranding of aspirin.    17. S. v. 57 Dozen Tins of Aspirin Tablets.    De¬
fault decree of condemnation and destruction.    (F. & D. No. 41948.    Sam- 
ple No. 9711-D.)
The labeling of this product bore false and fraudulent representations re- 
garding its curative and therapeutic effects.
On March 14, 1938, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 57 dozen tins of" 
aspirin tablets, packed in cartons each containing 3 dozen tins, at Wilkes-Barre, 
Pa., alleging that the article had been shipped in interstate commerce on or 
about February 11,1938, by American Pharmaceutical Co., Inc., from New York,. 
N. Y., and charging misbranding in violation of the Food and Drugs Act as 
amended.
The article was alleged to be misbranded in that the following statements- 
borne on the carton containing 36 tins, regarding its curative or therapeutic 
effects, were false and fraudulent: "For * * * Toothache, * * * Anti- 
septic Gargle, For Rheumatism, Sciatica, Lumbago, Pain."
On April 29, 1938, no claimant having appeared, judgment of condemnation, 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.