16414. . Misbranding of B B headache powders. XI, S. v. 21 Dozen Packages 
of B B Headache Powders. Default decree of con'leii5ir>*ion, for- 
feiture, and destruction. (P. & D. No. 23505. I. S. No. 05696. !3. No. 
1722.)
On March 13, 1929, the United States attorney for the Western District of 
North Carolina, acting upon a report by the Secretary of Agriculture, filed iri 
the District Court of the United States for said district a libel praying seizure 
and condemnation of 21 dozen packages of B B headache powders, remaining 
in the original unbroken packages at Charlotte, N. C, alleging that the article 
had been shipped by Bostwick Bros., from Atlanta, Ga., on or about July 9, 1928, 
and transported from the State of Georgia into the State of North Carolina, 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 the 
powders contained acetanilide (3.3 grains per powder), acetylsalicylic acid, 
potassium bromide, and caffeine.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statement, (circular) "B-B Headache Powders are taken daily by people 
who can not take aspirin tablets and pills," was false and misleading, since the 
said article contained acetylsalicylic acid (aspirin). Misbranding was alleged 
for the further reason that the following statements regarding the curative and 
therapeutic effects of the article, borne on the labels, (envelope) "Quick Relief 
F0r * * * Neuralgia * *. * La Grippe * * * Sleeplessness, Ear- 
ache * * * Female Pains * * * for Neuralgia * * * for Earache 
* * * LaGrippe * * * and Female Pains, take one Powder every hour 
until relieved," (circular) "B-B Headache Powder is recommended in stubborn 
cases of *' * * Neuralgia and Female Pains, * * * we * * * re- 
commend 'B-B' Headache Powders to be a quick relief. .* * *? For Neural- 
gia and Female Pains * * * Female Pains; * * * Neuralgia * * * 
' B-B' Headache Powder will give quick relief," were false and fraud- 
ulent in that the article contained no ingredient or combination of in- 
gredients capable of producing the effects claimed, and in that the said statements 
were applied to the said article knowingly and in reckless and wanton dis- 
regard of their truth or falsity, so as to represent falsely and fraudulently to 
purchasers thereof and create in the minds of such purchasers the impression 
and belief that the article was in whole or in part composed of or contained 
ingredients or medicinal agents effective in the treatment of disease or the 
prevention thereof.
On May 23, 1929, 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.
ARTHUR M. HYDE, Secretary of Agriculture.