7152.  Misbranding   of   Influeiirn   Special   (Senoret).      If.   S.   *   *    *   v.   138?
Cartons    *    '     *    Influenza    Special    (Senoret).      Default    decree    of
condemnation, forfeiture, and destruction.     (P. & D. No. 10431.    I. S.?
No. 2904-r.    S. No. W-378.)
On May 23, 1919, the United States attorney for the Northern District of?
California, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel for the seizure and?
condemnation of 138 cartons, labeled in part "Influenza Special (Senoret),"?
remaining unsold in the original unbroken packages at San Francisco, Calif.,?
alleging that the article had been shipped on October 30, 1918, by the Senoret?
Chemical Co., St. Louis, Mo., and transported from the State of Missouri into?
the State of California, and charging misbranding in violation of the Food and?
Drugs Act, as amended. The article was labeled in part: (Carton) "In??
fluenza Special (Senoret). Prepared for the treatment of influenza and the?
cause thereof. x * :;" (circular) "Influenza Special (Senoret) Spe??
cially prepared for Influenza, La Grippe and kindred ailments. * * * As?
soon as any of the above mentioned symptoms appear, do not delay but begin?
taking one tablet every hour until six have been taken    *    *    *."
Analysis of a sample of the article made in the Bureau of Chemistry of this?
department showed that it consisted essentially of a sugar-coated tablet con??
taining aloin, mydriatic alkaloids, and cinchonine with little or no quinine,?
the presence of aconite being indicated.
Misbranding of the article was alleged in substance in the libel for the?
reason that the statements aboAe quoted, appearing on the crrton and included?
in the circular accompanying the article, regarding the curative and therapeutic?
effects thereof, were false and fraudulent in that the article contained no in??
gredient or combination of ingredients capable of producing the effects claimed?
for it.
On June 12, 1919, no claimant having appeared for the propert3r, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court that?
the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.