X6553. Misbranding of laxative phospho quinine capsules. U. S. v. 20 
Dozen Packages of Laxative Phospho Q,uinine Capsules. Default 
decree   of   condemnation,   forfeiture,   and   destruction.      (F.   &   D.   No.
23459.    I. S. No. 02595.     S. No. 1619.)
On February 25, 1929, the United States attorney for the District of Maine, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said distr.ct a libel praying seizure and condemnation 
of 20 dozen packages of laxative phospho quinine capsules, remaining in the 
original unbroken packages at Portland, Me., consigned by Brewer & Co. (Inc.), 
Worcester, Mass., alleging that the article had been shipped from Worcester, 
Mass., on or about January 15, 1929, and transported from the State of Massa- 
chusetts into the State of Maine, and charging misbranding in violation of the 
food and drugs act as amended.
Analysis of a sample of the article by this department showed that the cap- 
sules contained acetanillde, cinchona alkaloids, phenolphthalein, capsicum, gam- 
boge, phosphates, sulphates, and starch.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative and therapeutic effects of the said article, 
(bottle label) "For La Grippe * * * Neuralg"a * * * Chills, Fever and 
Malaria Trouble * * * One capsule every three hours until the ailment is 
relieved," (carton label) " For La Grippe * * * Neuralgia, Chills, Fever 
and Malaria Trouble," (circular) "Useful in the Treatment of * * * 
Grippe, Neuralgia and Malarial Troubles, Chills and Fever. * * * One cap- 
sule every three hours unt 1 the ailment is relieved * * * our capsules will 
be found satisfactory in its action," were false and fraudulent in that the article 
contained no ingredient or combination of ingredients capable of producing the 
effects claimed.
On April 2, 1929, no cla'mant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of Agriculture.