1258. Misbranding of Perry's Famous Peptone Pills and of another drug known as Natura, Nu-Vita, or Vita. U. S. v. Victor Edison Perry (V. E. Perry). Plea of guilty. Sentence of 3 months' imprisonment suspended, and defendant placed on probation for 1 year. (F. D. C. No. 11387. Sample Nos. 22653-F, 22779-F, 2286-S-F, 23606-F, 46323-F, 58424-F.) On May 31, 1944, the United States attorney for the Eastern District of Penn- sylvania filed an information against Victor Edison Perry, trading as V. E. Perry, Philadelphia, Pa., alleging that the defendant shipped and caused to be shipped quantities of the above-named drugs between the approximate dates of March 23 and November 9, 1943, from the State of Pennsylvania into the States of New Jersey, Delaware, Maryland, and Virginia, and from the State of New York into the State of Pennsylvania. Analysis disclosed that the Peptone Pills consisted essentially of damiana, nux vomica, zinc phosphide, calcium carbonate, starch, sugar, and coloring; and that the other product known as Natura, Nu-Vita, and Vita consisted essentially of Epsom salt, sulfur, sodium bicarbonate, and plant material including senna and cascara sagrada. The article Peptone Pills was alleged to be misbranded (1) in that its name was misleading since it represented and implied that the article would be effica- cious to restore and maintain pep and tone in the user, whereas it would not be efficacious for such purposes; (2) because of false and misleading statements and a design consisting of a picture of a bald-headed old man dancing with a young woman, which represented and suggested that the article would be effica- cious to restore and maintain pep and tone in man, correct or cure weak nature and low courage, build up men 100 percent, \and restore youthful vigor in old men; and that it would be efficacious in the treatment of worn-out, rundown, slow, sluggish, or low manhood, or weak vitality; and (3) in that it contained Strych- nine, and its label did not bear a statement of the quantity or proportion of strych- nine contained therein. The article Peptone Pills was alleged to be misbranded further because of false and misleading statements and. designs in circulars entitled "Nature Means in Mexico New Life," "Are You Dizzy," and "Natura Will Help You Face the Bitter Winter With 100? Health," which accompanied the article, and which repre- sented and suggested that another drug, "Natura," consisted solely of Mexican herbs and possessed the rejuvenating and health-giving properties implied in the expression "New Life"; and that it would be efficacious in the cure, mitigation, treatment, or prevention of high blood pressure, low blood pressure, sore back, rheumatism, backache, getting up nights, constipation, uric acid poisons, impure blood, headache, rough skin, pimples on the face, swollen tonsils, swollen and stiff joints, and catarrh; that Natura was a world-famous tonic, a wonder herb tonic, and the world's greatest spring tonic; that all sickness is caused by excess uric acid poisons; that Natura would maintain and restore perfect health and pep, would be of special value to persons over the age of thirty, would insure pure red blood, and would help the user to face the cold and hardships of winter with 100 percent health; and that it would be efficacious to reduce ugly fat and make the body beautiful, help clean the blood, and help destroy such symptoms of high and low blood pressure as dizzy, swimming head, nervous, short naps, tiredness, and sleeplessness. The article bearing the names "Nu-Vita New Life [or "Vita"] Wonder Mexico- America Herb-Powder," and "Natura New Life Wonder Mexico-America Herb Powder," was alleged to be misbranded (1) in that the names were false and misleading since they represented and implied that the article consisted solely of herbs; and that it possessed the rejuvenating and health-giving properties implied in the names, whereas it consisted in part of the mineral substances, Epsom salt, sulfur, and sodium bicarbonate, and did not possess the rejuvenating and health-giving properties implied in the names; (2) because of false and misleading statements and a design of an Indian scene with the legend "Picking Wonder Herb Tea," on the labels, which represented and suggested thajb tbt article was a spring and summer tonic; that it was an herb preparation and would be efficacious to clean the blood; that it would be of special value to per- sons over the age of thirty, and that it would be efficacious in the cure, mitiga- tion, treatment, or prevention of stomach distress due to excess acid, indigestion, headache, gas, constipation, rheumatism, and the various similar conditions indicated by the abbreviation "etc."; (3) in that its labeling failed to bear adequate directions for use since the directions appearing on the labels suggested and implied that the article should be taken continuously, whereas it was a laxa- tive and continuous use might cause dependence on laxatives to move the bowels; and (4) in that the labeling failed to bear warnings that frequent or continued use might result in dependence upon laxatives to move the bowels. A portion of the article known as "Natura" and "Nu-Vita" was alleged to be misbranded further because of false and misleading statements in the labeling which represented and suggested that it would be efficacious in the cure, mitiga- tion, treatment, or prevention of dizziness from high and low blood pressure, in the treatment of backache, and in the prevention of getting up nights; and that another article, "Gen Sen," would be efficacious in the purification of the blood, and in the cure, mitigation, treatment, or prevention of high blood pressure, ' rheumatism, backache, getting up nights, child bed wetting, and swollen feet. On June 16, 1944, the defendant entered a plea of guilty and the court imposed a sentence of 3 months' imprisonment, which was suspended, and placed the defendant on probation for a period of 1 year.