20168.  Misbranding of Arium.    U.S. v. 10 Boxes of Arium.    Default decree
of   condemnation   and   destruction.     (F.   &  D.   No.   28925.     Sample   No. 
2739-A.)
This case involved a product represented to be radium in tablet form, which 
was found to consist of radium and strychnine. It was claimed for the article 
in the labeling that it would produce beneficial effects, whereas if taken 
according to directions, it might be dangerous to the health of the consumer.
On September 17, 1932, the United States attorney for the Northern District 
of Iowa, 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 10 boxes of Arium, remaining in the original 
unbroken packages as Sioux City, Iowa, alleging that the article had been 
shipped in interstate commerce, in part on or about January 22, 1930, and in 
part on or about March 3, 1930. by Fuller-Morrison Co., from Chicago, Ill., 
to Sioux City, Iowa, and charging misbranding in violation of the Food and 
Drugs Act as amended.
Analysis of a sample of the article by this Department showed the tablets 
contained in each, 2.6 millimicrograms of radium and 0.02 milligram of 
strychnine.
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " Radium in Tablets", was false and misleading, 
since it also contained strychnine. Misbranding was alleged for the further 
reason that the following statements on the label, regarding the curative or 
therapeutic effects of the article, " Take two tablets with swallow of water 
before or after meals. To derive the most beneficial effects, Arium should be 
taken regularly and as directed. A six weeks' course is recommended ", were 
false and fraudulent, since the impression was created that the article would 
prove beneficial to the user, when in fact it might have been detrimental 
and dangerous if taken in accordance with directions.
On November 1, 1932, no claimant having appeared for the property, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be destroyed by the United States marshal.
R.  G. TTJGWEIX, Acting Secretary of Agriculture.