16528.  Misbranding of Creosotono.     XJ. S. v. 2 Dozen Bottles of Creosotono. 
Default    decree    of   condemnation,   forfeiture,    and   destruction.
(F. & D. No. 23546.    I. S. No. 02126.    S. No. 1746.)
On March 23, 1929, the United States attorney for the District of Porto 
Rico, 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 con-
demnation of 2 dozen bottles of Creosotono at San Juan, P. R., alleging that the 
article had been shipped by G. J. Fajardo, New York, N. Y., on or about March 
20, 1927, from the State of New York into Porto Rico, and that it was being 
offered for sale and sold in Porto Rico by Serra, Garabls & Co. (Inc.), San 
Juan, P. R., 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 creosote, quinine, strychnine, and phosphates.
It was alleged in the libel that the article was misbranded in that the 
following statements, borne on the labeling, regarding the curative and thera- 
peutic effects of the said article were false and fraudulent, since the said 
article contained no ingredients or combination of ingredients capable of 
producing the effects claimed: (Translation of Spanish on bottle label) 
" For * * * Tuberculosis * * * All Kinds of Catarrhs of the Respira- 
tory Organs * * * A Reconstituent in Convalescence after Fevers and 
Inflammatory Conditions of the Respiratory OrKans."
On May 10, 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.
AKTHUH M. HYDE, Secretary of Agriculture.