16526.  Misbranding of Nuremedy.    U. S. v. 12 Dozen Packages of Nnremeiy. 
Default decree of condemnation, forfeiture, and destruction.     (F.
& D. No. 23526.    I. S. No. 01548.    S. No. 1507.)
On March 19, 1929, the United States attorney for the Eastern District of 
Missouri, 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 12 dozen packages of Nuremedy, remaining in the original 
packages at St. Louis, Mo., alleging that the article had been shipped by the 
Central Laboratories (Inc.), from Mount Vernon, Ill., on or about January 3, 
1929, and transported from the State of Illinois into the State of Missouri, 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 tablets 
contained 1.4 grains of acetphenetidin and 2.42 grains of acetylsalicylic acid 
per tablet.
It was alleged in the libel that the article was misbranded in that the state- 
ment on the carton label, " Guaranteed to contain no Acetanilid," and in the 
circular, " Nuremedy contains no Acetanilid," were false and misleading in that 
the said statements imported and signified to the purchaser that the article con- 
tained no ingredient or combination of ingredients with the effect of acetani- 
lide, whereas it contained acetphenetidin, a derivative of acetanilide, which 
has the same effect as acetanilide. Misbranding was alleged for the further 
reason that the statements " Does not disturb the stomach " and " Does not 
Affect The Heart," appearing in the circular, were false and misleading, and 
for the further reason that the packages failed to bear a plain and legible 
statement on the label of the quantity of acetphenetidin, a derivative of ace- 
tanilide, contained therein, since the declaration was inconspicuous, was partly 
obscured by overprinting, and did not include a statement to the effect that 
acetphenetidin is a derivative of acetanilide. Misbranding was alleged for the 
further reason that the following statements regarding the curative and 
therapeutic effects  of the article,   (carton,  fruit panel)   "Recommended  for
* * * Neuralgia, Rheumatism * * * La Grippe," (carton, back panel) 
" Neuralgia * * * Rheumatism and Gout * * * La Grippe * * * 
Fevers and Chills * * * Influenza," (leaflet) " Sore Throat Gargle! Simple 
Sore Throat, Tonsilitis, relieved by dissolving two Nuremedy in four table- 
spoonfuls of warm water. Gargle every hour or two allowing a little to 
trickle down the throat. Do not rinse out mouth. * * * Fever, La Grippe, 
Chills * * * Backache, Lumbago * * * Directions for use * * * 
Earache * * * Periodic Pains, * * * Sore Throat Gargle Dissolve 2 
Tablets in 4 tablespoonfuls of warm water, gargle every hour or two. Allow 
a little to trickle down the throat. Do not Rinse Out Mouth! * * * 
Nuremedy is a scientific combination of valuable ingredients for the speedy 
relief  of    *    *    *    Neuralgia,   Neuritis,   Rheumatism    *    *    * ? Sciatic   Pains;
* *    *    Fever, La Grippe    * ?   *    *    when used  according to  the  directions-
knocks aches and pains for a row of Ash-Cans! Women's Pains * * * 
yield promptly to this wonderful remedy. * * * Get Instant Relief! 
* * * Prevent Pneumonia with its often fatal results. Nuremedy if 
taken in time (the cold stage) often prevents serious illness * * * Does 
not disturb the stomach * * * Does not Affect the Heart. With its 
Quicker action it is of particular value in Headaches of the habitual type, more 
especially those due to Difficult and Painful Menstruation, nervous condition, 
hysteria, mental exhaustion from overwork, also eye-strain. * * * For any 
pain use Gibb's Nuremedy," were false and fraudulent in that the article con- 
tained no ingredient or combination of ingredients capable of producing the 
effects claimed, and in that the said statements were applied to the article know- 
ingly and in reckless and wanton disregard of their truth or falsity, so as to repre- 
sent falsely and fraudulently to purchasers thereof and create in the minds of such 
purchasers the impression and belief that it was in whole or in part composed 
of or contained ingredients or medicinal agents effective in the diseases and 
conditions named therein.
On June 18, 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.