17071. Misbranding of Eagle mentbol pencils. U. S. v. 4 Gross Packages 
of Eagle Mentbol Pencils. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 24125. I. 5. No. 011523. S. 
No. 2383.)
On October 9, 1929, the United States attorney for the District of Massa- 
chusetts, 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 4 gross packages of Eagle menthol pencils, remaining 
in the original unbroken packages at Boston, Mass., alleging that the article 
had been shipped by the Eagle Druggists Supply Co., from New York, N. Y., 
on or about September 2 (26), 1929, and transported from the State of New 
York into the State of Massachusetts, 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 menthol.
It was alleged in the libel that the article was misbranded in that the 
following statements borne on each of the accompanying display cards, regard- 
ing the curative or therapeutic effects of the said article, "Instant Relief 
* * * Headache, Neuralgia, Muscle Pains, Influenza, Hay Fever, Catarrh, 
Asthma, etc.," were false and fraudulent, since the article contained no ingredi- 
ent or combination of ingredients capable of producing the effects elaimed.
On January 3, 1930, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordefed by the court 
that the product be destroyed by the United States marshal.
ABTHUB M. HYDE, Secretary of Agriculture.