7636. Misbranding of < Frnit-a-tives.?   U. S.    *    *"   *    v. 75 Dozen Packages 
of     *     *     *     * Frnit-a-tives.'    Consent decree of condemnation and
forfeiture.     Product  ordered released on bond.      (F.  & D.  No.  11251. 
I. S. No. 13137-r.    S. No. E-1724.)
On September 20, 1919, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel of information praying 
the seizure and condemnation of 75 dozen package* of a product called " Fruit- 
a-tives," remaining unsold in the original unbroken packages at Boston, Mass., 
consigned on September 9, 1919, alleging that the article had been shipped by 
Fruitatives, Ltd., Ogdensburg, N. Y., and transported from the State of New 
York into the State of Massachusetts, and charging misbranding in violation 
of the Food and Drugs Act, as amended.
?Analysis of a sample of the article made in the Bureau of Chemistry of this 
department showed that it consisted essentially of aloin, cascara segrada, 
quinine, and strychnine.
Misbranding of the article was alleged in the libel for the reason that the fol- 
lowing statements and similar statements on the box label and included in the 
circular, together with the pictorial device on fruit of carton showing an 
apparatus being fed different fruits and discharging tablets, were false and 
misleading in that they conveyed the impression that " the laxative and healing 
properties " were due to fruit or fruit extracts, when, in fact, they were not: 
(Carton, top) "'Fruit-a-tives' 'Fruit Liver Tablets' Compound;" (carton, 
fruit panel) " ' Fruit-a-tives ' ' Fruit Liver Tablets ' Compound ' By their fruits 
ye shall know them;'" (carton, right panel) "Strengthens the Stomach and 
Liver * * * Stimulates the Kidneys Aids in clearing the complexion Tends 
to purify the blood Tones up the nervous system and refreshens the whole 
system;" (carton, left panel) "The laxative and healing properties of fresh 
ripe fruit extracted by a special process, enhanced by special tonics * * *. 
As pleasant to take as sugared fruits * * * ; " (carton, back panel) " Com- 
position : ' Fruit-a-tives ' is made from a special extract of concentrated and 
intensified fruit juice * * *;" (carton, bottom) "'Fruit-a-tives''Fruit Liver 
Tablets' Compound is made from the laxative, or liver principle, extracted by 
a special process from oranges, apples, prunes, and figs-to which tonics are 
added-and is a reliable remedy for Constipation and Biliousness * * *; " 
(sticker on cork) "Made from fresh ripe fruit." Misbranding was alleged for 
the further reason that the following statements appearing on the carton and 
box containing the article and in the circular accompanying the same, regard- 
ing the curative and therapeutic effects thereof, (carton) " Strengthens the 
stomach and liver * * * Stimulates the Kidneys Aids in clearing the com- 
plexion Tends to purify the blood Tones up the nervous system and refreshens 
the whole system * * * ; " (box) " ' Fruitatives ' ' Fruit Liver Tablets ' Com- 
pound * * * Tones and sweetens the stomach, relieves * * * biliousness, 
torpid   liver,   recurring   headaches,   dizziness,   backache,   sallow   complexion,
* * *;" (circular) "'Fruit-a-tives' is an effective remedy made from the 
juices of ripe fruits with'the addition of tonic-and has a distinctly remedial 
action on the stomach, liver, bowels, kidneys, skin and nervous system. * * * 
' Fruit-a-tives' has, therefore, all the healing powers of large quantities of 
fruit juice and this is augmented by the action of the tonics contained in the 
tablets. In chronic constipation, indigestion, sleeplessness, biliousness, kidney, 
irritation, skin diseases, headaches, backaches, pelvic pains, nervous depression 
and blood impurity-' Fruit-a-tives' is very beneficial and highly recommended.
* *    *    Indigestion or  dyspepsia    *   *   *    'Fruit-a-tives'  will  materially;
aid in relieving this disease because it tends to purify the blood by acting on 
the liver, bowels, kidneys and skin. * * * Biliousness * * * ' Fruit-a- 
tives ' will tend to check this complaint quickly as it acts directly on the liver 
cells * * * the blood is purified; the headache is relieved, and the stomach 
sweetened. * * * Backache * * * ' Fruit-a-tives' acts in these cases very 
beneficially * * *. Headaches * * * In this trouble ' Fruit-a-tives' will 
tend to relieve * * *. Rheumatism * * * The action of 'Fruit-a-tives' 
will tend to relieve rheumatism * * * ' Fruit-a-tives' should assist very 
materially in removing the cause on account of its tonic and disinfectant action 
on the lining membrane of the intestines. In rheumatism take 'Fruit-a-tives' 
for some considerable time in order to give it a chance to act ' * * *. Pelvic 
pains, or pains around the hips and back * * * In these cases * * * it 
is advisable to use ' Fruit-a-tives' carefully * * *. Skin disease * * * 
In these cases ' Fruit-a-tives' will assist very materially in bringing relief 
* * *. Catarrh * * * In these cases use ' Fruit-a-tives' carefully * * * 
it is best to use ' Fruit-a-tives' * * *," were false and fraudulent as the 
article did not contain any ingredient or combination of ingredients capable of 
producing the effects claimed for it.
On November 26, 1919, the Eastern Drug Co., Boston, Mass., claimant, having 
filed a satisfactory bond in conformity with section 10 of the act, judgment of 
condemnation was entered, and it was ordered by the court that the product 
be delivered to said claimant upon the payment of the costs of the proceedings.
E. D. BALL, Acting Secretary of Agriculture.