NOTICE OF JUDGMENT NO. 986, FOOD AND DRUGS ACT.
MISBRANDING OF HEADACHE TABLETS.
On or about April 20, 1910, Cyrus W. Nelson, doing business 
under the name of the Capitol Pharmacy, Houston, Tex., shipped 
from the State of Texas into the State of Tennessee a quantity of a 
drug product labeled " Headache Tablets, Act like Magic. Dose: 
1 Tablet, repeating in half hour, if necessary. The Capitol Phar- 
macy, Inc., * * * 319 Main St., Houston, Texas * * * Guar- 
anteed under the Pure Food and Drugs Act, June 30, 1906. Con- 
tains Acetanilide 3^ grains, Coca Sulph. £ grain." Samples from 
this shipment were procured and analyzed by the Bureau of Chem- 
istry, United States Department of Agriculture, and the product 
was found to contain caffein, acetanilide, sodium bicarbonate, halogen, 
coloring matter, and starch, but no codein. As the above analysis 
and report thereon showed that the product was misbranded within 
the meaning of the Food and Drugs Act of June 30, 1906, the Secre- 
tary of Agriculture afforded the said Cyrus W. Nelson and the party 
from whom the samples were procured opportunities for hearings. 
As it appeared after hearings held that the 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.
On April 1, 1911, a criminal information was filed in the Dis- 
trict Court of the United States for the Southern District of Texas 
against the said Cyrus W. Nelson, charging the above shipment, and 
alleging that the product so shipped was misbranded because the 
label thereon represented that the product contained codein one- 
fourth grain, whereas in truth and in fact the said product did not 
contain codein, said label being false and misleading, and such as to 
deceive and mislead the purchaser.
125°—No. 986—11
On April 10, 1911, the defendant entered a plea of guilty to the 
above information, whereupon the court imposed a fine of $50 and 
costs.
This notice is given pursuant to section 4 of the Food and Drugs 
Act of June 30, 1906.
JAMES WILSON,
Secretary of Agriculture. 
WASHINGTON, D. C. June &4, 1911.
986
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