27922. Adulteration and misbranding of J. L. Wilkins Wonderful Wintergreen.
U. S. v. 69 Bottles and 3 Bottles of J. L. Filfelns' Wonderful Winter- 
green.    Default decree of condemnation and destruction.     (F. & D. No.
40158.    Sample No. 43730-C.)
The labeling of this product bore false and fraudulent representations regard- 
ing its curative or therapeutic effects. The designation "Wintergreen" was 
false and misleading in view of the composition of the article.
On or-about September 3, 1937, the United States attorney for the Eastern 
District of South Carolina, acting upon a report by the Secretary of Agriculture, 
filed in the district court a libel praying seizure and condemnation of 69 small 
bottles and 3 large bottles of J. L. Wilkins Wonderful Wintergreen at Charles- 
ton, S. C, alleging that the article had been shipped in interstate commerce 
on or about June 5, 1937, by J. L. Filkins & Co., from Yonkers, N. Y., and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act as amended.
Analysis showed that the article consisted essentially of potassium iodide 
(2.5 percent), extracts of plant drugs including colchicine, alcohol, and water, 
flavored with methyl salicylate.
The article was alleged to be adulterated in that its strength and purity 
fell below the professed standard or quality under which it was sold, namely, 
"Wintergreen," since it did not consist of wintergreen.
It was alleged to be misbranded in that the designation "Wintergreen" and 
the design of a wintergreen plant, borne on the carton, were false and mis- 
leading in view of its composition. It was alleged to be misbranded further in 
that the bottle, carton, and circular contained false and fraudulent representa- 
tions regarding its effectiveness in the treatment of muscular and articular 
rheumatism, lumbago, sciatica, neuralgia, neuritis, gout, and acute rheumatic 
fever.
On September 25, 1937, no claimant having appeared, judgment of con- 
demnation was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.