20941. Misbranding of  flaxseed.     IT.   S.  v.  Forty-eight   1-Pound   Cans  and
Forty-eight 4-Ounce Cans of Flaxseed. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. no. 30065. Sample 
nos. 35451-A, 35459-A.)
This case involved a lot of flaxseed that was labeled with unwarranted cura- 
tive and therapeutic claims.
On April 10, 1933, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of forty-eight 1-pound cans 
and forty-eight 4-ounce cans of flaxseed at Chicago, III., alleging that the article 
had been shipped in interstate commerce, on March 2, 1933., by the Mills Sales 
Co., from New York, N. Y., and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled, in part: " Honor Brand Flaxseed 
U. S. P.   *   *   *   Honor Research Laboratories, New York   Chicago."
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing on the label, regarding the curative and therapeutic 
effects of the article, were false and fraudulent: "A demulcent and emollient 
used in Catarrh, Dysentery and other Inflammatory Affections of the Mucous 
Membrane of the Lungs, Intestines and Urinary Passages."
On May 11, 1933, 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.
R. G. TUGWELL, Acting Secretary of Agriculture,