7001. Misbranding  of  Santal  Midy  Capsnlcs.     V.  S.     *     *     *     v. 42J  Doisen
Bottles of Santal Midy Capsules.   Default decree of condemnation,
forfeiture,   and   destruction.      (P.   &   D,   No.   10633.     I.   S.   Nos.   7673-r, 
7674-r.    S. No. C-1307.)
On June 23, 1919, the United States attorney for the Western District of 
Oklahoma, 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 42J dozen bottles of Santal Midy Capsules, remaining un- 
sold in the original unbroken packages at Oklahoma City, Okla., alleging that 
the article had been shipped on or about January 22, 1919, and April 24, 1919, 
by E. Fougera & Co., Inc., New York, N. Y., and transported from the State 
of New York into the State of Oklahoma, and charging misbranding in viola- 
tion of the Food and Drugs Act, as amended. The article was labeled in part, 
" Santal Midy Capsules."
Analysis of a sample of the product by the Bureau of Chemistry of this de- 
partment showed that the contents of the capsules consisted of santal oil.
Misbranding of the article was alleged in substance in the libel for the reason 
that the statements regarding the curative and therapeutic effects thereof, ap- 
pearing on the labels and in the circulars accompanying the article, falsely and 
fraudulently represented that the article was a treatment, remedy, and cure for 
gonorrhoea, gleet, and discharges from the urinary organs, gonorrhoea in the 
acute stage, inflammation of the bladder when the bladder walls are inflamed 
and even when there is hemorrhage, hematuria, frequency of micturition and 
the pain arising therefrom, suppurative nephritis, catarrh of the bladder, 
vesical catarrh of old age, and acute cystitis, whereas, in truth and in fact, it 
was not.
On October IG 1919, no claimant having appeared for the property, a decree 
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 Sccreinry of Agriculture.