27553. Misbranding of Akalyn.     U. S. v. 456 Bottles of Akalyn.    Default decree
of   condemnation   and   destruction.     (F.   &   D.   No.   39188.    Sample   No 
34583-C.)
The labeling of this product bore false and fraudulent curative and therapeu- 
tic claims.    It contained acetophenetidin, a derivative of acetanilide, and Its
label failed to bear a plain and conspicuous statement of the quantity or propor- 
tion thereof.
On or about March 18, 1937, the United States attorney for the Southern Dis- 
trict of Mississippi, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 456 bottles of 
Akalyn at Jackson, Miss., alleging that it had been shipped in interstate com- 
merce on or about November 21, 1936, by the Medical Products Co., from New 
Orleans, La., and charging misbranding in violation of the Food and Drugs Act 
as amended. The article was labeled in part: "Akalyn * * * The Akalyn 
Company, New Orleans, U. S. A."
Analysis showed that it consisted essentially of acetophenetidin (3.2 grains 
per tablet), soditun salicylate (2 grains per tablet), magnesium oxide, starch, 
talc, and a red coloring material.
The article was alleged to be misbranded in that the package failed to bear 
on its label a statement-of the quantity or proportion of acetophenetidin, a de- 
rivative of acetanilide, contained in the article since the statement made was 
inconspicuously placed and was in very small type. It was alleged to be mis- 
branded further in that the following statements appearing in the labeling, 
regarding its curative or therapeutic effects, were false and fraudulent: (Metal 
container) "* * * for the Relief Of Pain from Headaches Neuralgia and 
Inorganic Causes * * * Akalyn a new safe preparation especially designed 
for use to relieve all forms of pain arising from Headaches, Neuralgia, Rheuma- 
tism, Etc. Akalyn is also efficient in the relief of Toothache. * * * and 
pain associated with Menstrual Disturbances * * * Is Non Narcotic and 
Non Habit Forming"; (circular) "* * * for the Relief of Pain from Head- 
aches Neuralgia Rheumatism and Pain Associated with Menstrual Disturb- 
ances * * * The Alkaline Pain Preparation Akalyn is an Alkaline mixture 
indicated in the treatment for the relief of Headaches, Neuralgia, * * * And 
Pain Due To Inorganic Causes * * * and discomfort associated with men- 
strual disturbances. Doctors will tell you of the dangers of excess acidity. 
Akalyn contains No Acids, as many pain preparations do, and when taken 
internally is readily absorbed. Being Alkaline it has a tendency to reduce 
acidity. Grippe * * * Grippal conditions are usually accompanied by 
acidosis. Akalyn will be found very useful as a treatment to reduce this acid 
condition. * * * Further, Akalyn Contains No Narcotics Or Habit Forming 
Drugs. * * * Directions for Relief Of Pain and Discomforts In The Follow- 
ing Conditions Headaches: * * * Neuralgia: * * *"; (display carton) 
"* * * for relief of Headaches for relief of Neuralgia * * * for relief 
of Rheumatic Pain   *    *    *    For The Relief Of Pain."
On May 14, 1937, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
HABBT L. BROWN, Acting Secretary of Agriculture.