22977. Misbranding of whisky. U. S. v. 2 Cases and 1 Case of Rewco Rye 
Whisky. Consent decrees of condemnation. Product released 
under bond to be relabeled. (F. & D. nos. 32695, 32779. Sample nos. 
62749-A, 62755-A.)
These cases involved shipments of whisky which was not labeled to show the 
percentage of alcohol by volume. The labels contained unwarranted claims 
regarding its medicinal properties.
On May 9 and 28, 1934, the United States attorney for the Western District 
of New York, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of three cases of whisky 
at Buffalo, N. Y., alleging that the article had been shipped in interstate 
commerce, on or about December 8, 1933, and March 23, 1934, by the American 
Medicinal Spirits Co., Inc., in part from Baltimore, Md. and in part from 
Camden Station, Md., and charging misbranding in violation of the Food and 
Drugs Act as amended.
It was alleged in the libel that the article was misbranded in that its 
package failed to bear upon its label a statement of the quantity or proportion 
of alcohol contained in the article. Misbranding was alleged for the further 
reason that the following statements appearing on the carton label were 
statements regarding the curative or therapeutic effects of the article, and were 
false and fraudulent: " Constitutional Tonic * * * highly recommended in 
general debilitated and run down conditions of the system. Tones up the 
stomach and digestive organs, * * * and aids digestion by its local effect 
upon the stomach and by stimulating the nerve and arterial centers, hence an 
excellent Stomach Tonic and is especially useful in treating Chronic Indi- 
gestion. Whiskey does not directly elevate the temperature and is not contra- 
indicated by fever, in typhoid and other low fevers its value is unexcelled. It 
is an excellent Prophylactic and therefore renders the system immune from 
various diseases. It is especially useful in treating chronic conditions where 
a lack of nutrition is evident. * * * has proven itself meritorious in 
treating Pulmonary conditions. La Grippe, Influenza, * * * Bronchitis, 
Fevers, Stomach Complaints, Weakness of the Stomach and other Digestive 
Organs, Malaria, especially indicated for exhaustion due to mental or bodily 
over-work, run-down conditions of the nerves, Sleeplessness, etc., also in weak- 
ness of convalescence and debility of old age. It has no equal in the treatment 
of the various menstrual disorders. Externally * * * dressing for wounds, 
ulcers, etc."
On July 3, 1934, the Buffalo Wine & Liquor Co., Inc., and S. M. Flickinger 
Co., Inc., Buffalo, N. Y., having appeared as claimants for respective portions 
of the property, and having consented to the entry of decrees, judgments of 
condemnation were entered and it was ordered by the court that the product 
be released to the claimant upon payment of costs and the execution of bonds 
conditioned that it be removed from the cartons and replaced in new, correctly 
labeled cartons.
M. L. WILSON, Acting Secretary of Agriculture.