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and roots of the Spigelia Marilandica. It was held to be adulterated.1

$460. Pine Oil Compound.

A liquid was labeled "Concentrated Oil of Pine Compound." An analysis showed that it consisted of a mixture of fixed oil, a resinous substance, and a small amount of volatile oil obtained by steam distillation resembling turpentine. It was held that the legend on the label was misleading.1

8461. Pneumonia Cure.

A product was labeled "Gowan's Pneumonia Cure," and the label contained the statement: "It is entirely different from any other remedy, containing new principles never before applied; consequently, it can not be substituted." All the ingredients in its preparation were well and commonly known and were constantly applied, singly or in combination, in the very manner directed by the instructions accompanying the preparation, and were commonly used for the affections of the lungs, throat and other portions of the body similarly affected. It was held that the article was mislabeled.1

§ 462. Quinine Whisky.

A product was labeled quinine-whisky, but it bore no statement of the alcoholic contents of the bottles which contained it. The label declared it contained pure quinine, each bottle having one and one-fourth grains per ounce; but it contained only one twenty-fourth of alkaloid material to the ounce, this material not being entirely quinine but mixed alkaloids and cinchona bark. It was also labeled "The greatest preventative and remedy for all malarial complaints ever offered." "Prevents and cures a cold." "The greatest tonic for convalescents from typhus and typhoid fever." "An in

1 N. J. 901.

1 N. J. 30.

1 N. J. 180. It may well be

doubted if this decision can stand under the recent decision of the Supreme Court. See § 406.

fallible cure for la grippe." The product was confiscated by the government.1

§ 463. Radol.

A bottle was labeled as follows: "This bottle contains Radol (Registered Trade Mark), a radium impregnated fluid prepared according to the formula and under the supervision of Dr. Rupert Wells." "This fluid is not expected to retain its radio activity beyond forty days from the date of this label. For external use. The liquid in the bottle was not radium impregnated and it had no radio-activity beyond that of ordinary water. The name of Dr. Rupert Wells was a false and fictitious name; and the liquid was not prepared according to the formula of a Dr. Rupert Wells or under his supervision. The liquid contained 6.99 percent of alcohol, but the label contained no statement of the proportion of alcohol contained in the liquid or that the liquid contained any alcohol. The bottles with their contents were confiscated.1

§ 464. Rock Candy Drips and Whisky.

A liquid was labeled "Rock Candy Drips and Whisky." It contained 27.2 percent by volume of alcohol. This was adjudged a violation of the statute, because the label failed to bear a statement of the quantity or proportion of alcohol in the bottles containing the liquid.1

§ 464a. Rheumatic Cure.

A bottle was labeled "Rheumatic Cure Guaranteed Fitch Remedy. Guaranteed to cure the most stubborn case of Sciatic or Muscular Rheumatism if directions are followed or money refunded. This contains 45 percent Prep. by the Fitch Remedy Co., Racine,

Alcohol.

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Wis." An analysis showed that the product consisted essen

1 N. J. 112.

So far as this decision is founded upon the curative power of the whisky it can not stand under the

recent decision of the Supreme Court. See § 406.

1 N. J. 184.

1 N. J. 467.

tially of rhubarb and alcohol; alcohol in one bottle approximated 23.4 percent, in another bottle 27.7 percent per volume, non-volatile residue 21.5 percent. To a charge of misbranding based upon the ground that these ingredients do not possess properties to cure the most stubborn case of sciatic or muscular rheumatism, the defendant plead guilty." A label on a package contained this statement:

66

The presence of rheumatic germs is the cause of all Neuralgia and Rheumatic troubles. We are the first to discover

to

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cure of

a radical and certain cure of this dreadful disease. The author of this pamphlet and originator of Cerrodaine Having thus ascertained the cause, he sought for some remedial agent that would destroy the bacilli . he discovered a chemical combination which not only destroyed but also eliminated every germ and form of insect life both from the fluids and solids of the system, and restored the blood .. health. The discovery of the rheumatism." Cerrodaine . . . a positive cure for rheumatism. An analysis showed it to contain sodium salicylate, potassium nitrate, and charcoal; chloroform extract, containing capsicum and an unidentified oil substance, 3.4 percent; ash (tale and carbonates and oxides of sodium and potassium), 32.1 percent. Misbranding was alleged for the reason that the product did not contain ingredients possessing the therapeutic properties adequate to effect a positive or sure cure for rheumatism or neuralgia, or to eradicate these diseases from the system; and to this charge the accused plead guilty.3

§ 465. Saltpetre.

A product was labeled "Pure Double Refined Saltperre, granulated Nitrate-Potash." An analysis showed the following results: Moisture 0.46 percent; chlorid (calculated as sodium chlorid) 7.28 percent; sulphates, trace. The pharmacopoeial standard for potassium nitrate (pure double-refined

2 N. J. 1024.

3 N. J. 1025; N. J. 907. These decisions can not stand under the

PURE FOOD-35.

recent decision of the United States Supreme Court. See § 406.

saltpetre) is 99 percent pure. It was held that the product was mislabeled.1

§ 466. Seidlitz Salts, German.

A product was labeled as follows: "Guarantee No. 3074. German Seidlitz Salts (Anhydrous Magnesium Sulphate) MgSO4, 6H2O. Promotes longevity, strengthens the nerves, cures headache after overindulgence. A pleasant aperient,

laxative and purgative. Solvent of all albuminous and calcareous matter obstructing the circulation in the liver and kidneys; cleansing the stomach and bowels; purifies and decarbonizes the blood; cures chronic and sick headache. Genuine Seidlitz must not be confounded with Seidlitz powders. Its action is different. The salt is the same as the salts from Seidlitz Springs, Germany. It cures Hemorrhoids, constipation, bad breath, weak stomach, and soothes the mucous lining; removes all obstructions from the stomach and bowels; restores healthy action. The Seidlitz positively prevents appendicitis, varicocele, apoplexy, tendency to paralysis. The modern artificial mode of living demands aiding nature. Old age can be attained by taking small doses daily. The Seidlitz is invigorating. The American Granule and Tablet Co., Manufacturing Pharmaceutical Chemists, Cincinnati, Ohio. ." Samples of this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was found to consist of sulphur trioxide 41.49, magnesium oxide 21.18, water 37.22.

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"In due course a criminal information was filed in the District Court of the United States for the Southern District of Ohio against the said American Granule and Tablet Company, charging the above shipment and alleging the product so shipped to be misbranded in that it was labeled as aforesaid in such manner as to deceive and mislead the purchaser, because said label and the statements upon said label were calculated and intended to and did create the impression

1 N. J. 86.

and belief in the mind of the purchaser thereof that said article of drug was of German origin and manufacture and was a product derived from the Seidlitz Springs in Bohemia, Germany, when in truth and in fact said article was not of German origin or manufacture, nor was it a product derived from said Seidlitz Springs in Bohemia, Germany, but was of American origin and manufacture and was produced and manufactured in the city of Cincinnati, State of Ohio; and further alleging the product to be misbranded in that the statements 'Promotes longevity, Strengthens the nerves, Cures headache after over-indulgence;' 'Solvent of all Albuminous and calcareous matter obstructing the circulation in the liver and kidneys;' 'Purifies and decarbonizes the blood;' 'Cures chronic and sick headache;' 'It cures hemorrhoids, constipation, bad breath, weak stomach, and soothes the mucous lining; removes all obstructions from the stomach and bowels;' and 'The Seidlitz positively prevents appendicitis, varicocele, apoplexy, tendency to paralysis,' are untrue and false in that said statements convey the impression that said article possesses therapeutic properties capable of bringing about said beneficial physiological results when in truth and in fact the said article does not possess such therapeutic properties.

"On January 28, 1911, the cause came on for hearing and the defendants entered a plea of guilty to the above information, whereupon the court imposed a fine of $25 and costs. of prosecution.1

§ 466a. Senna.

A product was labeled "Powd. Alex. Senna." An analysis showed that it contained sand and foreign vegetable tissue, substituted in part for senna leaves, and 30.81 percent of ash. To a charge of misbranding, the defendant pleaded guilty.2

1 N. J. 843. So far as this decision is based upon the curative properties of the product it is er

roneous under a recent decision of
the Supreme Court. See § 406.
2 N. J. 1009; N. J. 1010.

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