2771.l.. Misbranding of boaeset leaves and tops. U. S. v. 272 Packages of
Boneset Lea"'res and Tops. Default decree of condeinnation and destruction.
(F. & D. No. 39594. Sample No. 22742-C.)
The labeling of this product bore false and fraudulent representations regarding
its curative or therapeutic effects.
On May 14, 1937, the United States attorney for the Northern District of
Georgia, acting upon a report by the Secretary of Agriculture, filed in the district
court a libel praying seizure and condemnation of 272 packages of a product
labeled, "Boneset Leaves and Tops, N. F.," at Alanta, Ga., alleging that the
article had been shipped in interstate commerce oil or about June 8, 1936, by
S. B. Penick & Co. from New York, N. Y., and charging misbranding in violation
of the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of cut stems, leaves, and
tops of boneset.
It was alleged to be misbranded in that the following statements borne on the
carton label regarding its curative or therapeutic effects were false and fraudulent:
"* * * febrifuge. Efficient remedy for influenza or early stages of
muscular rheumatism."
On August 7, 1937, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.