15S19. Misbranding of An-A-Cin. V. S. v. 3279 Dozen Boxes of An-A-Cin.?
Consent decree of condemnation and forfeiture. Product released?
nnder bond.    (F. & D. No. 22820._, I. S. No. 17872-x.    S. No. 879.)
On June 18, 1928, 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 praying seizure and?
condemnation of 3279 dozen boxes of An-A-Cin, remaining in the original un??
broken packages at San Francisco, Calif., alleging that the article had been?
shipped by the C. E. Jamieson Co., trading as the An-A-Cin Co., from Detroit,?
Mich., on or about May 28, 1928, and transported from the State of Michigan?
into the State of California, and charging misbranding in violation of the food?
and drugs act as amended.
Analysis of a sample of the article by this department showed that it con??
sisted essentially of acetphenetidin (acetanilid derivative) and aspirin (acetyl-?
salicyclic acid) with small amounts of quinine sulphate and caffeine.
It was alleged in the libel that the article was misbranded in that the pack??
age containing the said article failed to bear a statement on the label of the?
quantity or proportion of acetphenetidin, a derivative of acetanilid, since,?
although the statement, "Acetphenetidin (acetanilid derivative) 3 Gr. per?
tablet," appeared on the label, it was so inconspicuously placed and in such small?
type that it did not comply with the purpose intended by the food and drugs act.
Misbranding was alleged for the1 further reason that the following statements?
regarding the curative and therapeutic effects of the article were false and?
fraudulent, since it contained no ingredient or combination of ingredients capable?
of producing the effects claimed: (Tin container) "Usual adult dose for head??
ache, toothache, earache, neuritis, neuralgia, colds, rheumatism, * * * and?
periodical pains, 1 or 2 tablets, first followed by 1 tablet each hour or each two?
hours as required. Sore throat?Dissolve 1 tablet in wineglass of water and?
gargle. Usual Child's dose: Age 4-7 years, one fourth adult dose; Age 8-12?
years, one-half adult dose;"  (circular)   "Without any fear of depressing the
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heart * * * It has no depressing action on the heart, and ean, therefore,?
be safely administered to children and invalids. * * * without an untoward?
or ill after effect or reaction. * * * One of the principal uses of Anacin is?
for the relief of pain in conditions as headache, the neuralgias, rheumatism, etc,?
In such conditions one or two tablets should be taken with a little water first?
and then one tablet every hour until relief is experienced. In such conditions?
as influenza, common colds, la grippe, Anacin has antifebrifuge actum which
means that it will reduce the fever and relieve the symptoms. In thejtarly stages?
of a cold the administration of Anacin will help to abort the cold aJnd prevent it?
from developing into something more serious. In such conditions two tablets?
should be taken with water at the first evidence of the ailment, followed by onQ?
tablet every hour until relief is. secured."
On July 6, 1928, the An-A-Cin Co., Detroit, Mich., having appeared .as claimant?
for the property and having consented to the entry of a decree, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court that?
the product be released to the said claimant upon payment of the costs of the.?
proceedings and the execution of a bond in the sum of $5,000, conditioned in?
part that it be made to conform with the provisions of the Federal food and?
drugs act under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.