24119.  Misbranding of Amlta.    IT. S. v. 70 Retail Boxes of Amita.    Default 
decree of condemnation, forfeiture, and destruction.     (F. & D. no.
33293.    Sample no. 10461-B.)
This case involved an interstate shipment of a drug preparation which was 
misbranded because of unwarranted curative and therapeutic claims in the 
labeling, and because it was represented to be harmless, analysis having shown 
that it contained no ingredients capable of producing the curative effects 
claimed, and that it did contain ingredients that might be harmful, especially 
if taken according to directions.
On or about August 28, 1934, the United States attorney for the District of 
Delaware, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 70 retail boxes of 
Amita at Wilmington, Del., alleging that the article had been shipped in inter- 
state commerce on or about March 14, 1934, by the Amita Laboratories, from 
Philadelphia, Pa., and charging misbranding in violation of the Food and Drugs 
Act as amended.
Analysis showed that the article consisted of tablets containing 2.6 grains 
of amidopyrine each.
The article was alleged to be misbranded in that the statement in the circular 
accompanying the article, " Harmless ", was false and misleading, particularly 
so in view of the directions on the metal container, " Take two tablets * * * 
and then one tablet every hour for three hours." Misbranding was alleged for 
the further reason that the following statements regarding the curative and 
therapeutic effects of the article were false and fraudulent: (Circular) 
" * * * for quick, safe relief of Dysmenorrhea (Painful Menstruation) be- 
cause it is non-habit forming, harmless and efficient. Amita works swiftly and 
surely in the alleviation of the pains and depression usually accompanying 
menstruation. At the first sign of discomfort, use Amity * * * You will 
quickly sense the soothing effects of this treatment. Should your condition fail 
to respond consult your physician immediately"; (metal container) "At the 
first sign of discomfort   *    *    *."
On December 7,1934, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.