361. Misbranding   of   World's   Tonic   Compound   with   Alkalines.     U.   S.   v.   64
Packages   of  World's  Tonic   Compound -with  Alkalines.     Default  decree
of condemnation and destruction.    (F. D. C. No. 2672.    Sample No. 27270-E.)
The labeling of this product bore false and misleading representations regarding
its efficacy in the conditions indicated hereinafter, and it also failed to bear an
accurate statement of the quantity or proportion of strychnine present.
On August 28, 1940, the United States attorney for the Northern District of
West Virginia filed a libel against 64 packages of the above-named product at
Parkersburg, W. Va., alleging that the article had been shipped in interstate
commerce on or about July 6, 1940, by the World's Medicine Co. from Columbus,
Ohio; and charging that it was misbranded.
Analysis showed that the article consisted essentially of extracts of plant drugs
including sassafras, licorice, and laxative plant drugs such as aloe and emodin-
bearing drugs, together with alcohol (12 percent), a small quantity of iron,
strychnine (not over 0.004 grain per fluid ounce, equivalent to 0.36 grain of nux
vomica), and a very small proportion of alkaline substances.
It was alleged to be misbranded in that the following and similar statements
appearing in the labeling were false and misleading since it was essentially a lax-
ative and could not serve as a tonic or as a source of alkalies: (Carton, bottle, and
circular) "World's Tonic Compound With Alkalines"; (circular) "Contains a com-
bination of especially selected herbs, barks and roots, vegetable in origin and
recognized for their merit. All Roots, Barks, Herbs, etc., used in World's Tonic
and imported from Foreign Countries are Examined by the United States Depart-
ment of Agriculture. * * * The number of bottles of World's Tonic Com-
pound with alkalines one should take to bring about the best results varies ac-
cording to the condition of the person." It was alleged to be misbranded further
in that the label did not bear a statement of the quantity or proportion of strych-
nine since the statements "Nux Vomica 3 grains to each fluid ounce, containing
1.15? of a grain of strychnine to each grain of nux vomica," borne on the label,
was incorrect.
On January 7, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.