9220.  Misbranding of   Aspironal.     u.   S.     *     *     *     v.   1&   Gross   Bottles   of 
*     *     *     Aspironal.     Default   decree   of   condemnation,   forfeiture,
and destruction.     (F. & D. No. 10075.     I. S. No. 16173-r.     S. No. E-1313.)
On or about April 23, 1919, the United States attorney for the Southern 
District of Florida, 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 hair gross bottles of Aspironal, at Tampa, Fla., con- 
signed by the Aspironal Laboratories, Atlanta, Ga., alleging that the article had 
been shipped from Atlanta, Ga., on or about February 18, 1919, and transported 
from the State of Georgia into the State of Florida, and charging misbranding 
in violation of the Food and Drugs Act, as amended. The article was labeled 
in part: (Bottles) "Aspironal For Colds Coughs For LaGrippe Contains 10% 
Alcohol * * * For The Treatment Of Colds, Coughs due to Golds, Levine, 
Headaches Neuralgia and Rheumatism * * * Prepared Only By Aspironal 
Laboratories, Atlanta, Georgia ;" (circular) "Aspironal The Liquid Cold Remedy
* * * for the treatment of Colds, Coughs due to Colds, La Grippe, Head- 
aches, Neuralgia, Rheumatism. * * * For Influenza * * * to prevent 
Influenza."
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed that it consisted of a liquid composed essentially of sugar, alcohol, 
and water, and small amounts of sodium salicylate, camphor, menthol, cascara, 
and mydriatic alkaloids.
Misbranding of the article-was alleged in substance in the libel for the 
reason that the bottle label and the circular, inclosed within the wrapper con- 
taining the bottle, contained the above-quoted statements, regarding the curative 
and therapeutic effect of said article, which were false, fraudulent, and mis- 
leading in that the article contained no ingredient or combination of ingredients 
capable of producing the effects claimed. Misbranding was alleged for the 
further reason that the bottles failed to bear a statement of the labels of the 
quantity or percentage of alcohol contained therein.
On March 12, 1921, no claimant having appeared for the property, judgment 
of condemnation 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.