18310. Misbranding of Novopin.     U.  S. v. 9 Packages, et al.,  of Novopin.
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 26142.    I. S. No. 20479.    S. No. 4415.)
. Examination of a drug product, known as Novopin, from the shipment herein 
described having shown that the tin container and the accompanying circular 
bore statements representing that the article possessed curative and thera- 
peutic properties which it did not possess, the Secretary of Agriculture re- 
ported the matter to the United States attorney for the District of New 
Jersey.
On March 30, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 9 large-sized packages and 5 small-sized packages of Novopin, 
remaining in the original unbroken packages at Red Bank, N. J., alleging that 
the article had been shipped by Quest & Co., from New York, N. Y., on or 
about February 11, 1931, and had been transported from the State of New 
York into the State of New Jersey, 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 
consisted essentially of a volatile oil such as pine-needle oil (8.8 per cent) and 
sodium bicarbonate, colored orange.
It was alleged in the libel that the article was misbranded in that the 
following statements regarding the curative or therapeutic effects of the said 
article, appearing in the labeling, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Tin container) "Pour contents of this capsule into the bath water. 
The bath will act nerve soothing and strengthening, alleviate rheumatic and 
nervous pain, have a wonderful effect on the action of the lungs and heart, 
invigorate the skin and the respiratory orKans. * * * Novopin Pine Needle 
Bath;" (circular) "For 'Nerves' fatigue, general health beauty, there is 
nothing superior than a ' Novopin' Pine Needle Health Bath. Its continuous 
use builds up general health and beauty.   *   *   *   Nerve Soothing."
On April 28, 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.
AETHTJB M. HYDE, Secretary of Affriculture.