17795. Misbranding of C. P. R. tablets.    U. S. v. 30 Dozen Packages, et al.,
of C. P. R. Tablets.     Default decrees of condemnation, forfeiture, 
and destruction.     (F. & D. No. 23521.    I.  S. No. 05560.    S. No. 1683.)
Examination of samples of a drug product known as C. P. R. tablets from 
the herein-described interstate shipment having shown that the labels bore 
claims of curative and therapeutic properties that the article did not possess, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Northern District of Georgia.
On March 16, 1929, and April 14, 1930, respectively, the said United States 
attorney filed in the District Court of the United States for the district 
aforesaid libels praying seizure and condemnation of 100 10/12 dozen pack- 
ages of C. P. R. tablets, remaining in the original packages at Atlanta, Ga.,
alleging that the article had been shipped by the P. McConnell Co., from 
Los Angeles, Calif., on or about January 25, 1929, and had been transported 
from the State of California into the State of Georgia, and charging mis- 
branding 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 acetylsalicylic acid, acetphenetidin, extracts of plant drugs 
including a laxative drug, and capsicum.
The article was labeled in part: (Carton) "For * * * Rheumatism 
* * * grippe, influenza * * * earache, neuritis, neuralgia, periodical 
pains, fever, 1 or 2 tablets first dose followed by 1 tablet each hour or each 
two hours as required;" (circular) "For * * * rheumatism, grippe, in- 
fluenza, * * * earache, neuritis, neuralgia, periodical pains, fever 1 or 2 
tablets first dose followed by 1 tablet each hour or each two hours as re- 
quired. * * * For * * * grippe or influenza (flu) drink lots of water 
and eat lightly."
It was alleged in the libel that the article was misbranded in that the above- 
quoted statements appearing on the carton labels and in the accompanying 
circulars were false and fraudulent, in that the said statements were applied 
to the article so as to represent falsely and fraudulently to the purchaser and 
to create in the mind of the purchaser the impression and belief that it was 
composed of or contained ingredients or medicinal agents effective to produce 
the curative and therapeutic effects set forth therein.
On June 27, 1929 and May 10, 1930, respectively, no claimant having ap- 
peared for the property, judgments of condemnation and forfeiture were 
entered, and it was ordered by the court that the product be destroyed by the 
United States marshal.
ARTHUR   M. HYDE, Secretary of Agriculture.