P. & I). No. 1103.	
Issued April 28, 1910.
I. S. No. 25019-a.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 261, FOOD AND DRUGS ACT.
MISBRANDING  OF  A  DRUG?" SURE   THING  TONIC."
On or about June 3, 1909, Joseph C. Furst and Samuel Furst,?
trading as Furst Brothers, of Cincinnati, Ohio, sold and delivered?
to the Stein-Gray Drug Company, three bottles of a certain drug?
labeled:
On the front thereof?
" Sure Thing Tonic. The Wonder Stimulant. Restores Nerve Energy.?
Renews Vital Force. Alcoholic Strength 50 Proof. Invigorator and Exhila-?
rant. Guaranteed to conform with the National Pure Food Laws. Guaranty?
Serial No. 12141.   Furst Bros., Cincinnati, Ohio."
And on the back thereof?
" REMARKS. ' Sure Thing Tonic' is distilled by Modern Methods evolved?
from half a century of practical experience. It is made so carefully that?
every bottle is put up as if it were an individual prescription. Our Labora??
tory is open for inspection to any Physician, Druggist or Pharmacist. ' Sure?
Thing Tonic' is an exhilarant It relieves depression, stimulates the entire?
system, and will assist Nature to renew Vital Force and Nerve Energy. You?
cannot afford to be without it. ' Sure Thing Tonic' should be taken by every?
person, male or female, whether in need or not of a Tonic of its kind. ' An?
Ounce of Prevention is worth a Pound of Cure.' DIRECTIONS : Take a wine?
glass full three times a day, positively before retiring. You can double the?
dose if you so desire.    If your dealer does not handle it, write to us.
" FURST BROS., Cincinnati, Ohio."
Thereafter the above-named purchaser shipped said drug in inter??
state commerce to Covington, Ky. A sample procured from this?
shipment was analyzed in the Bureau of Chemistry, United States?
Department of Agriculture. As it appeared from the findings of the?
analyst and report made that the drug was misbranded within the?
meaning of the Food and Drugs Act, the Secretary of Agriculture?
afforded opportunities for hearings to the party from whom said?
sample was procured, to the shipper, and to the guarantor of said?
35899?10
drug, and as it appeared after hearings held that there had been a?
violation of the act on the part of the above-named guarantors, the?
Secretary of Agriculture reported the facts to the Attorney General,?
with a statement of the evidence on which to base a prosecution. 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?
Joseph C. Furst and the said Samuel Furst, alleging that said drug-?
was misbranded, because the labels on the bottles containing the same?
bore statements, designs, and devices regarding said article, and the?
ingredients and substances therein contained, which were false and?
misleading in the following particulars:
First, that said article contained the following ingredients: Alco??
hol, sucrose, and water, flavored with juniper, none of which ingredi??
ents justified the use on said label of these statements, to wit: " Sure?
Thing Tonic. Wonder Stimulant. Restores Nerve Energy. Re??
news Vital Force. Relieves Depression, Stimulates the Entire?
System; "
Second, that the statement on the label that " Sure Thing Tonic,?
distilled by modern methods evolved from a half century of practical?
experience," was false and misleading because said drug was not a?
distilled product;
Third, that the bottle containing said drug failed to bear upon the?
label thereof a statement of the quantity or proportion of alcohol?
contained in said article.
The information further charged that said defendants at the time?
of making sale and delivery of said drug to the purchasers thereof?
knew that said article was intended to be sold in interstate traffic and?
was likely to be sold in interstate traffic, and that in fact it was on the?
same day shipped by said purchaser in interstate traffic to Covington,?
Ky., and that by reason of the fact that said drug was misbranded,?
as aforesaid, the interstate shipment thereof was unlawfully made;?
that by reason of the guaranties given by the said defendants they?
were amenable to the prosecution, fines, and other penalties which?
would attach because of said unlawful interstate shipment.
On March 1, 1910, the defendants pleaded guilty to the information?
and were sentenced by the court to pay a fine of $10 and costs.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
JAMES WILSON,
Secretary of Agriculture,
WASHINGTON, D. C, March 23, 1910.
261