11816. Misbranding- of DeWitt's eelectie ctire.     U. S. v. 3 Dozen Bottles and
2 Dozen Bottles of DeWitt's Eclectic Cure. Default decree of con- 
demnation, fox-feiture, and destruction. (F. & D. No. 16394. S. No. 
E-3952.)
On June 24, 1922, the United States attorney for the Southern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the 
seizure and condemnation of 3 dozen large bottles and 2 dozen small bottles- 
of DeWitt's eclectic! cure at Arabi, Ga., alleging that the article had been 
shipped by the W. J. Parker Co., from Baltimore, Md., June 1, 1922, and" 
transported from the State of Maryland into the State of Georgia, and charg- 
ing misbranding in violation of the Food and Drags Act, as amended. The 
article was labeled in part: (Bottle) (both sizes) "Dr. DeWitts Eclectic 
Cure    *    *    *    For   Cramps,   Colic   and   Diarrhoea    *    *    *    Indigestion
* *    *   Horse Colic;" (carton)  (both sizes) "Cure   *    *    *    for Indigestion, 
Diarrhoea,   Cramps,   *   *   *   Colic,   Neuralgia,   Headache,   Toothache,    Sore 
Throat, &c.    *    *    *    Cholera    *    *    *    Cholera Morbus    *    *    *    Rheuma- 
tism  and  Pains  generally   *    *    *    Sprains  or  Frosted  Feet;"   (circular) 
(in retail package,  large size,  and  in shipping package,  small size)   " Cure
* "* * for Indigestion, Diarrhoea, Cramps, Cramp Colic. Neuralgia, Head- 
ache, Toothache, Sore Throat, &e. * * * spasmodic attacks * * * Swell- 
ing of the Stomach * * * Sprains * * * Horse Colic * * * Chicken* 
Cholera."
Analysis of a sample of the article by the Bureau of Clieroistry of this 
department showed that it consisted of volatile oils, including peppermint and 
sassafras oils, spices, including capsicum and ginger, ether, 67 per cent of 
alcohol, and water.
Misbranding of the article was alleged in substance in the libel for the 
reason that the above-quoted statements borne in the labeling, regarding the 
curative and therapeutic effects of the said article, were false and fraudulent, 
since the article contained no ingredient or combination of ingredients capable 
of producing the effects claimed.
On April 18, 1923, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
HOWAKD M. GORE, Acting Secretary of Agriculture.