F. &  D. No. 1945.
I. S. No. 16724-b.	
Issued July 15, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OP JUDGMENT NO. 965, FOOD AND DRUGS ACT.
MISBRANDING  OF  A  DRUG  PRODUCT?" SMITH'S  QUININETS."
On or about January 21, 1911, C. E. Rupert Smith, trading as the?
Smith's Quininets Company, Philadelphia, Pa., shipped from the?
State of Pennsylvania into the State of Kentucky a drug product?
labeled: (On box) "The great household remedy. | gr. acetanilid?
in each tablet. Smith's Quininets Laxative. A reliable remedy for?
colds, headaches, la grippe and general disorders. Reg. U. S. Pat.?
Of. The Smith's Quininets Company, Guaranteed under the Pure?
Food and Drugs Act, June 30, 1906; guaranty No. 1651. General?
directions. Take one quininet after each meal and two upon retir??
ing. Price 25 cents. 6252 Phila., Pa." Packed with the product?
was a circular containing the following statements among others:?
" This great household remedy is indispensable as a sure cure and pre??
ventative for the following ailments: For la grippe, pneumonia,?
coughs and colds, constipation, biliousness and liver troubles, dys??
pepsia, headache and female complaints, as well as being the greatest?
of blood purifiers. For coughs and colds take * * * until a cure?
is affected. For constipation, biliousness and liver troubles?Take?
two quininets after each meal * * * The * * * each night?
to make the cure lasting. For purifying the blood Quininets acts like?
magic, clarifying the blood and cleansing the system of all impuri??
ties * * * Toning up the system * * *; imparting a * * *?
glow to the complexion and a brightness to the eyes, with renewed?
health and vigor to the entire body and physical forces * * *?
The complaints for which Quininets are specified can easily be cured?
if taken in their-incipient stages * * *" A sample from this ship??
ment was procured and analyzed by the Bureau of Chemistry, United
101531??No. 965?11
States Department of Agriculture, and (he product was found to con??
sist of quinine, acetanilid, carbonate, and unidentified matter. As the?
findings of the analyst and report made indicated that the product?
was misbranded within the meaning of the Food and Drugs Act of?
June 30, 1906, the said C. E. Eupert Smith and the party from whom?
the sample was procured were afforded opportunities for hearings.?
As it appeared after hearings held that the above shipment was made?
in violation of the act, the Secretary of Agriculture reported the facts?
to the Attorney-General with a statement of the evidence upon which?
to base a prosecution.
In due course a criminal information was filed in the District?
Court of the United States for the Eastern District of Pennsylvania?
against the said C. E. Rupert Smith, charging the above shipment?
and alleging the product to be misbranded because the circular packed?
with the product in question bore the statements above set forth as to?
the curative and prophylactic properties thereof, which were false?
and misleading for > the reason that said product was not capable of?
effecting the cures and beneficial results claimed for it in said state??
ments.
On March 15, 1911, the defendant entered a plea of guilty to the?
above information, whereupon the court imposed a fine of $5.
This notice is given pursuant to section 4 of the Food and Drug?
Act of June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture,
WASHINGTON, D. C, June 17, 1911.
965