80881. Misbranding of E E Powders.    U. S. v. 936 Cartons of E E Powders.
Default decree of condemnation and destruction.     (F.  & D. No. 44980. 
Sample No. 44932-D.)
This product was labeled as containing 4 grains of acetanilide per powder; 
whereas it contained a greater amount, namely, 4.99 grains.
On March 10, 1939, the United States attorney for the Western District of 
North Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 936 cartons of 
B B Powders at Lincolnton, N. C.; alleging that the article had been shipped
in interstate commerce on or about October 7; 1938, by E E Medicine Co. from 
Greensville, S. C.; and charging misbranding in violation of the Food and Drugs 
Act
The article was alleged to be misbranded in that the statement on the ship- 
ping carton and envelope, "(Each Powder Contains 4 Grs. Acetanilide)," was 
false and misleading when applied to an article that contained a greater amount 
of acetanilide than was stated.
It also was alleged to be misbranded in violation of the Federal Food, Drug, 
and Cosmetic Act, as reported in notices of judgment on drugs and devices 
published under that act.
On April 8,1939, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.