17903. Misbranding of Ru-Co.    TT. S. v. 25 Dozen Bottles of Ru-Co.    Default
decree of condemnation, forfeiture, and destruction.     (F. & D, No.
25850.    I. S. No. 8734.    S. No. 4083.)
Examination of a sample of a drug product known as Ru-Co having shown 
that the labeling bore claims of curative and therapeutic properties that the 
article did not possess, the Secretary of Agriculture reported to the United 
States attorney for the Eastern District of Louisiana the presence of a quantity 
of the product at New Orleans, La.
On February 2, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 25 dozen bottles of Ru-Co., remaining in the original unbroken 
packages at New Orleans, La., alleging that the article had been shipped by the 
Clyde Collins Chemical Co. (Inc.), Memphis, Tenn., on or about January 5, 
1931, and had been transported from the State of Tennessee into the State 
of Louisiana, and charging misbranding in violation of food and drugs act 
as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of magnesium sulphate, sodium sulphate, and small propor- 
tions of saccharin, citric acid, and tartaric acid.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing upon the label, regarding the curative or thera- 
peutic effects of the said article, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the results 
claimed: " Highly recommended in the treatment of Rheumatism, Indigestion 
and Functional Disorders of the Liver. * * * actually eliminates intestinal 
poisons, which if retained, would be the cause of much distress and actual 
sickness. It is a real system cleanser and purifier. * * * has given notable 
results in treatment of Rheumatism, Gout, * * * and Indigestion so 
frequently the results of intestinal stagnation. * * * for Rheumatism. 
Indigestion   *    *    *   and stomach Complaints."
On February 25, 1931, no claimant having appeared for the property, judg- 
ment 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.