30395. Adulteration and misbranding of Hyraphen Tablets. U. S. v. 104 Pack- 
ages of Myraphen Tablets. Default decree of condemnation and 
destruction.    (F. & D. No. 44559.    Sample No. 26992-D.)
This product was represented to contain 3 grains of acetophenetidin per tablet, 
whereas it contained not more than 1.9 grains per tablet. Moreover, its labeling 
bore false and fraudulent representations regarding its curative and therapeutic 
effectiveness.
On or about December 21, 1938, the United States attorney for the District 
of Connecticut, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 104 packages of 
Myraphen Tablets at Hamden, Conn.; alleging that the article had been shipped 
in interstate commerce on or about September 10, 1938, by Plexo Preparations, 
Inc., from New York, N. Y.; and charging adulteration and misbranding in 
violation of the Food and Drugs Act as amended.
Analysis showed that the article contained not more than 1.98 .grains of 
acetophenetidin per tablet.
Adulteration was alleged in that the strength of the article fell below the pro- 
fessed standard and quality under which it was sold, namely, "Each Tablet 
contains 3 grs. Acetphenetidine"; whereas each tablet contained a less amount.
Misbranding was alleged in that the statement "Each tablet contains 3 grs. 
Acetphenetidine" was false and misleading. Misbranding was alleged further 
in that the package label failed to bear a statement of the quantity or propor- 
tion of acetophenetidin contained in the article, since the statement made was 
incorrect^ and further the label failed to state that acetophenetidin is a deriva- 
tive of acetanilide. The article was alleged to be misbranded further in that 
the following statements in the labeling regarding its curative or therapeutic 
effects were false and fraudulent: (Box) "For the Relief of Headaches, Tooth- 
ache, Neuralgia, Neuritis, Periodic Pain When due to exposure or causes other 
than organic"; (circular) "Myraphen contains * * * special ingredients 
* * * an aid in relieving the discomforts of simple pains and aches, such as 
Headache, Neuralgia, Neuritis, Muscular Aches and Pains, * * * Toothache 
generally submits to the prompt influence of Myraphen. Myraphen is excellent 
as an aid in relieving the discomforts of Functional Pains during the menstrual 
periods.   *   *   *   its action is quick and forceful."
On March 6, 19§9, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.