18088. Misbranding of Kalis' laxative " Flu-Caps." IT. S. v. 32 Dozen Small- 
Sized Packages of Kails' Laxative " Flu-Caps." Default decree of 
condemnation, forfeiture, and destruction. (F. & D. No. 25573. 
I. S. No. 12033.    S. No. 3843.)
Examination of a sample of a drug product, known as Kalis' laxative " Flu- 
Caps," having shown that the display carton, retail carton, and accompanying 
circular bore statements representing that the article possessed curative and 
therapeutic properties which it did not, the Secretary of Agriculture reported 
to the United States attorney for the District of Colorado the following inter- 
state shipment of a quantity of the product located in Denver, Colo.
On January 5, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 32 dozen small-sized packages of the said Kalis' laxative " Flu-Caps," 
remaining in the original unbroken packages at Denver, Colo., consigned by 
Murray C. Kalis & Co., St. Joseph, Mo., alleging that the article had been 
shipped from St. Joseph, Mo., on or about September 11, 1929, and had' been 
transported from the State of Missouri into the State of Colorado, 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 capsicum, aloin, acetanilid, asafoetida, ginger, and a small 
proportion of another root.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing in the labeling, regarding the curative and thera- 
peutic effects of the said article, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Display carton) "A Strictly Meritorious Remedy for * * * Grip 
and 'Flu.'    *    *    *   will   *    *    *   Prevent the 'Flu'    *    *    *   Flu-Caps for
* * * Grip and Influenza;" (retail carton) "Flu-Caps for * * * Grip 
and Influenza. * * * To * * * check the 'flu,' take one capsule with 
a glassful of water 1 or 2 hours apart until three consecutive doses are taken; 
then one capsule every three or four hours until entirely rid of cold. To 
relieve * * * Aching Bones, * * * take one capsule every two hours 
until relieved. * * * A strictly meritorious remedy for * * * Bilious 
Fever, Dengue, Chills, Malaria, LaGrip, and 'Flu;'" (circular) "An Ounce of 
Prevention is Worth a Pound of Cure! * * * 'Flu-Caps' will * * * 
prevent the 'Flu.' These Capsules had their origin during the 'Flu' epidemic 
of 1918 and have proven of inestimable value in combating * * * LaGrippe, 
Bilious Fever, Malaria, Chills, Influenza, and Pneumonia. They act directly 
on the liver * * * ridding the system of its impurities and fortifying the 
body  against  further  attack  from    *    *    *    grippe  and   'flu.'    *    *    *   To
* * * check the 'flu,' take one capsule with a glass full of water one or two 
hours apart until three consecutive doses are taken; then one capsule every 
three or four hours until entirely rid of the cold. To relieve * * * aching 
bones,    *    *    *    take one capsule every two hours until relieved."
On March 24, 1931, 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 AgrivuXtwre.