25406. Misbranding of BP Prescription.     V. S. v. 312 Bottles of BP Prescription.
Default decree of condemnation, forfeiture, and destruction.     (I\ & D.
no. 36365.    Sample no. 10182-B.)
Unwarranted therapeutic and curative claims were made for this article.
On September 24, 1935, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 312 bottles of BP 
Prescription at Fort Worth, Tex., alleging that the article had been shipped in 
interstate commerce on or about May 20, August 1, and August 8, 1935, by 
the Degree Co., of Holland, Mich., from that place to Fort Worth, Tex., and 
charging misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: (Bottle) "BP Prescription * * * For the relief of symp- 
toms popularly believed to arise as a result of impurities of the blood."
Analysis showed that the article consisted essentially of potassium iodide, 
extracts of plant drugs including a laxative drug, alcohol, sugar, and water.
Misbranding was charged under the allegation that the label on the bottles 
bore the following statements, and that said statements were false and fraudu- 
lent, to wit, "BP Prescription * * * For the relief of symptoms popularly 
believed to arise as a result of impurities of the blood."
On February 8, 1936, no claimant having appeared, a default decree of 
condemnation, forfeiture, and destruction was entered.
M. L. WILSON, Acting Secretary of Agriculture.