22321. Misbranding of Pa-Poose Root Beer Extract. IT. S. v. E. A. Zatarain. 
& Sons, Inc. Plea of grnllty. Fine, 8100. (F. & D. no. 30297. Sample 
nos. 73®4-A, 16937-A, 16943-A, 16946-A.)
This case involved shipments of root beer extract, the labeling of which 
bore unwarranted therapeutic and curative claims.
On February 26, 1934, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed 
in the district court an information against E. A. Zatarain & Sons, Inc., 
New Orleans, La., alleging shipment by said company in violation of the Food 
and Drugs Act as amended, on or about April 11 and August 13, 1932, from the 
State of Louisiana into the State of Alabama, and on or about July 2 and 
July 11, 1932, from the State of Louisiana into the State of Mississippi, of 
quantities of root beer extract which was misbranded. The article was labeled 
in part: "PaPoose Root Beer Extract   *    *    *   E. A. Zatarain & Sons."
Analyses of samples of the article by this Department showed that it con- 
sisted essentially of an aqueous solution of caramel, glycerin, and oils of 
sassafras and wintergreen, containing little, if any, plant material.
Misbranding was alleged in the information with respect to one of the lots 
for the reason that certain statements, designs, and devices regarding its 
curative and therapeutic effects, appearing on the jugs, falsely and fraudu- 
lently represented that the article was effective as a blood purifier; effective 
as a treatment, remedy, and cure for the sick and afflicted; effective as a 
treatment for the blind and all cases of incurable diseases; effective as a treat- 
ment, remedy, and cure for sick stomach, dyspepsia, insomnia, indigestion, 
and all other sicknesses which are caused from the impurity of the blood; 
effective to change any morbid action of the stomach, liver, and kidneys; 
effective as a treatment for sugar in diabetic patients; effective as a treatment 
for ulcers, sores, flooding, diarrhoea, whites, diseases of the breast and lungs, 
diseases of the veins and the bladder, chronic rheumatism, skin diseases, 
syphilis, scrofula, biliousness, internal heat, hectic fever, palpitation of the 
heart, piles, cutaneous eruptions, cough, jaundice and hypochondria; effective 
to break the stone and cause it to be expelled by urine; effective to relieve 
coughing and to sheathe the mucous membrane; effective to promote digestion, 
to cleanse the blood and strengthen the liver if affected by cholera, flux, and 
spitting of blood; effective to relax pain in the stomach and bowels, to stimu- 
late the stomach to action and to strengthen the urinary organs; effective 
as a treatment for obstruction of the liver, gall, and spleen and diseases 
arising from them, and to open the passage of the urine, and to invade and heal 
ulcers in the urinary passages; effective to break stone in the kidneys and 
bladder; effective to destroy worms; effective to excite and increase healthy 
action; effective to bring on the menses; and effective as a treatment, remedy, 
and cure for sick patients.
Misbranding was alleged with respect to the remaining lots for the reason 
that certain statements, designs, and devices regarding the curative and 
therapeutic effects of the article, appearing on the bottle label, falsely and 
fraudulently represented that it was effective as a treatment, remedy, and cure 
for the sick and afflicted, and effective as a treatment for the blind and all cases 
of incurable diseases.
On March 12, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.