United States v. Natura Co.
| Decision Date | 09 May 1917 |
| Citation | 250 F. 925 |
| Court | U.S. District Court — Northern District of California |
| Parties | UNITED STATES v. NATURA |
John W Preston and Annette Abbott Adams, both of San Francisco Cal., for plaintiff.
Louis O'Neal, of San Jose, Cal., and C.W. Durbrow, of San Francisco, Cal., for defendant.
On August 5, 1916, the United States attorney for the Northern district of California, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district an information against the Natura Company, a corporation, San Francisco, Cal., alleging shipment by said defendant, in violation of the Food and Drugs Act, as amended, on or about June 29, 1914, and December 17, 1914, from the state of California into the state of Utah, of quantities of an article labeled in part "Akoz," which was misbranded.
Analysis of samples of the article by the Bureau of Chemistry of this department showed the product to be a gray powder essentially a clay. For use the contents of a small package are to be added to one-half gallon of water as per directions. The clear solution contains total solids equal to 200 parts per million, consisting essentially of calcium sulphate.
It was alleged in substance in the information that the article in each shipment was misbranded for the reason that certain statements appearing on its labels falsely and fraudulently represented it as a remedy for stomach troubles, indigestion dyspepsia, kidney troubles, and rheumatism, when, in truth and in fact, it was not. It was alleged in substance that the article in each shipment was misbranded for the further reason that certain statements included in the circular accompanying the article falsely and fraudulently represented it as a treatment for Bright's disease and diabetes, pyorrhea, inflammation of the bladder, frequent urination, and cystitis, and as a remedy for toothache, when, in truth and fact, it was not.
On April 5, 1917, the case came on for trial before the court, a jury having been waived, and, after the submission of evidence and arguments by counsel, the case was submitted to the court and taken under advisement. On May 9, 1917, it was ordered that judgment be entered finding the defendant not guilty.
The defendant is charged with a violation of the Food and Drugs Act in misbranding a certain article of medicine sold by it and known as "Akoz." To fall within the statute the...
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Belmont Laboratories v. Federal Trade Commission, 6738.
...in the Commission's order or to call attention to the a fortiori character of a civil proceeding. The contrary holding of United States v. Natura Co., D.C., 250 F. 925, is an example of the judicial line drawing animadverted on The order of the Federal Trade Commission is modified in accord......
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United States v. 111/4 DOZEN PACKAGES, ETC.
...of drunkenness. The necessary implication is that it is for relief from drunkenness to at least some extent. In United States v. Natura Co., D.C., 250 F. 925, cited by the intervenor, the indictment charged misbranding where the label stated that the drug was "a natural remedy for certain s......
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The Barge No. 12
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