18534. Misbranding of  Neu-Carb.     V.   S.  v.  2   Dozen   Bottles   of   Neu-Carb.
Default    decree    of    condemnation,   forfeiture,    and    destruction.
(P. & D. No. 26161.    I. S. No. 4748.    S. No. 4431.)
Examination of a drug product, known as Neu-Carb, from the shipment herein 
described having shown that the carton and bottle labels and the accompanying 
circular bore statements representing that the article possessed curative and 
therapeutic properties which it did not possess, the Secretary of Agriculture 
reported the matter to the United States attorney for the southern district of 
New York.
On April 1, 1931, the United States attorney filed in the district court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 2 dozen bottles of Neu-Carb, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by the Gibson- 
Howell Co., from Jersey City, N. J., on or about February 6, 1931, and had been 
transported from the State of New Jersey into the State of New York, 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 of tablets containing calcium carbonate (42 per cent), magnesium carbo- 
nate (15 per cent), starch, talc, and a bland oil (4 per cent), flavored with 
peppermint oil.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative or therapeutic effects of the said article, 
appearing on the carton and bottle labels and in the circular, were false and 
fraudulent, since it contained no ingredient or combination of ingredients 
capable of producing the effects claimed: (Carton) "A specific for all ailments 
due to acidity or acidosis such as    *    *    *    Sea Sickness, Auto-Intoxication
* * * invaluable for neutralization of acid mouth in the treatment and pre- 
vention of Pyorrhea * * * Directions-For Digestive troubles. * * * 
For prevention of Acid Mouth. * * * Especially recommended for stomach 
disorders of children; " (bottle) " A specific for ailments due to acidity or acido- 
sis, such as * * * auto-intoxication, * * * acid mouth, etc. Valuable 
for treatment and prevention of pyorrhea.    *    *    *   For  digestive  troubles.
* * * For prevention of acid mouth, * * * recommended for stomach 
disorders of children;" (circular) "A specific for ailments due to acidity or 
acidosis. Useful in the treatment and prevention of Pyorrhea. * * * This 
not only immediately neutralizes all acid present in the mouth but affords pro- 
tection against further acid formation, without however, creating an artificial 
alkaline reaction. * * * Physician will quickly appreciate the wide range 
of usefulness to which this prescription is applicable; acid mouth, * * * 
eructation of food; * * * intestinal toxemia; mucous colitis; sea sickness 
or train sickness; * * * etc. In any condition of the digestive tract re- 
quiring treatment and not traceable to organic derangement * * * Stomach 
disorders of infants and children are quick to respond to small doses frequently 
repeated."
On May 11, 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.
s

ARTHUR M. HTBB, Secretary of Agriculture.