19501. Adulteration and misbranding1 of Dr. Davis' Rheumagon. U. S. v. 
19 Packages of Dr. Davis* Rheumagon. Default decree of con- 
demnation and destruction. (F. & D. No. 27819. I. S. No. 43220. 
S. No. 5913.)
Examination of Dr. Davis' Rheumagon showed that the article contained a 
smaller amount of acetphenetidin than labeled; that the acetphenetidin declara- 
tion was made on the label inconspicuously and in small type; that the fact 
that acetphenetidin is a derivative of acetanilid was not clearly indicated; and 
that the label contained unwarranted curative and therapeutic claims for the 
article.
On March 8, 1932, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 19 packages of the said Dr. Davis' Rheumagon, 
remaining in the original packages at Pittsburgh, Pa., alleging that the article 
had been shipped by the Rheumagon Sales Co., from Wheeling, W. Va., on or 
about January 11, 1932, and had been transported from the State of West Vir- 
ginia into the State of Pennsylvania, and charging adulteration and misbrand- 
ing in violation of the food and drugs act as amended.
Examination of a sample of the article by this department showed that it 
consisted of capsules, each containing acetylsalicylic acid (8 grains), acetphe- 
netidin (1.21 grains), caffeine (0.21 grain), and starch.
It was alleged in the libel that the article was adulterated in that it was sold 
under its own standard of strength, namely, (retail package) "Each capsule 
contains 1% gr. acetphenetidin," and the strength of the said article fell below 
such professed standard in that it contained a less amount of acetphenetidin.
Misbranding was alleged for the reason that the statement on the label " Each 
capsule contains l1^ gr. acetphenetidin," was false and misleading. Misbrand- 
ing was alleged for the further reason that the label failed to bear a statement 
of the quantity or proportion of acetphenetidin contained in the article since 
the declaration "Each capsule contains 1% gr. acetphenetidin (acetanilid d.)" 
was not correct, appeared inconspicuously in small type on the package, and did 
not clearly indicate that acetphenetidin is a derivative of acetanilid. Misbrand- 
ing was alleged for the further reason that the following statements appearing 
in the labeling, regarding the curative or therapeutic effects of the said article 
were false and fraudulent, since it contained no ingredient or combination of 
ingredients capable of producing the effects claimed: (Display carton) "Rheu- 
magon * * * An Ideal Remedy for the Relief of Neuritis, Rheumatism, 
Lumbago and Pain in General;" (tin container) "Rheumagon * * * An 
Ideal Remedy for the Relief of Neuritis, Rheumatism, Lumbago, and Pain in 
General * * * Rheumagon * * * Neuritis and Rheumatism; " (sticker) 
" For Satisfactory Results We Recommend a Course of Treatment of Three to 
Five Boxes * * * Rheumagon;" (diet slip) "Diet Slip in Chronic Rheu- 
matism and Neuritis. [Testimonials] " Rheumagon: ' * * * I was afflicted 
with Neuritis * * * and after taking a few boxes I have never had a 
severe attack of Neuritis. I am practically cured. Unlike most medicine for 
Neuritis and Rheumatism there is no unpleasant after effect, as it has no effect 
on the stomach nor on the heart action. * * * recommend it to all those 
who are suffering from Neuritis or Rheumatism.' ' * * * medicine works 
wonders.   *   *   *   Rheumagon   *   *   *   a wonderful remedy   *   *   *   One of
the pilots was all crippled up in the legs, * * * I gave him several of these 
capsules and in two days he was hopping around like a kid. * * * recom- 
mend this wonderful medicine to all sufferers of Neuritis or Rheumatism.' 
* * * ' Rheumagon * * * Rheumagon is the stuff. * * * my feet 
played out on me, * * * one knee got sore, * * * got so bad I could 
hardly drag around. Mr. Smith gave me the medicine he got from you * * * 
was greatly surprised how quick I began to improve. I soon got to walking 
around and the pain and soreness all left my hands and shoulders and I am 
much better. * * * thanks to your Rheumagon * * * Go as far as you 
like on my say for your Rheumagon as it surely will help rheumatic suf- 
ferers.' * * * ' Rheumagon * * * Remedy for Rheaumatism.' * * * 
' Rheumagon    *    *    *   Dr. Davis' Rheumatism Medicine.'"
On April 7, 1932, no claimant having appeared for the property, the court 
found that the allegations of the libel were true, judgment of condemnation 
was entered and it was ordered that the product be destroyed by the United 
States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.