7784. Misbranding: of Novita Remedies. TJ. S. * * * v. 200 Retail Cartons of Novita Globnles, 173 Small and 143 Large Cartons of Novita Cap- sules, 213 Small and 73 Large Cartons of Novita Salve Stainless, 386 Large and 114 Small Cartons of Novita Salve Brown. Consent decree of condemnation and forfeiture. Goods released undex* bond. (F. & D. Nos. 10214, 10215, 10216. I. S. Nos. 2683-r, 2684-r, 2685-r, 2679-r. S. Nos. W-322, W-323, W-334.) On or about May 13 1919, the United States attorney for the District of Colo- rado, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district libels for the seizure and condem- nation of certain packages of Novita Globules, Novita Capsules, Novita Salve Stainless, and Novita Salve Brown, consigned by the Novita Co., Chicago, Ill., and remaining unsold in the original unbroken packages at Denver, Colo., alleging that the articles had been shipped during the months of February, April, June, July, and November, 1918, and February 26, 1919, via the Chicago, Burlington and Quincy Railroad Co., Chicago, Ill., and transported from the State of Illi- nois into the State of Colorado, and charging misbranding in violation of the Food, and Drugs Act, as amended. The articles were labeled in part: " Novita .Globules For Kidney and Bladder Troubles. * * * Specific for Kidney and Bladder Troubles. It acts * * * primarily by stimulating the flow of blood ia the region of the Kidneys, thereby assisting these organs in their func- lions of elaborating healthy urine and of purging themselves of all vraste and poisonous matter. :; * *? No remedy has so many marvelous cures to its credit as Novita and none can successfully take its place;" (circular) " Among the beneficial effects of Novita Globules is the revival of activity on the part of the kidneys and bladder when those organs become torpid. The salatary impetus which this promoter of vital energy communicates overcomes their inaction and averts diseases of which that inaction is premonitory. It also frees the system of impurities fatal to health along wi'th that portion of the waste matter or debris thrown off by the blood through the kidneys and blad- der. The aggravated forms of kidney disease have a decided tendency to terminate fatally. Among them are Bright's. Disease and Diabetes-diseases which contribute largely to the bills of mortality. Their prime cause is the want of healthful vigor and regularity in the organs affected. The weak and ineffectual performance of their functions also causes suppression and retention of the urine and dropsy; all of which tend to wreck the constitution beyond the hope of repair. Therefore, it is manifestly desirable to check their progress at the outset, by toning and regulating the organs to which they work such irreparable mischief if their early symptoms are lasaheeded. The- Novita Globule is a?taairab)y calculated to effect this, since the stimulus which it gives to urination is attended with no exciting orvinflammatory influences upon the kidneys and bladder, and its invigorating and regulating influence is exerted upon them in common with the stomach, liver and bowels, and is speedily made apparent by a very appreciable improvement in the manner of performing the secretive and evacuation duties imposed upon tkem by nature.' * ?? "?';" " Novita Capsules For diseases of the uterine organs. r * * NQ remedy has so many marvelous cures to its credit as Novita aiad none can successfully take its place. -,f " * A tliree months' course often effects a cure, but in very stubborn cases, where there are other complications; a longer treatment is re- quired. This box contains enough, for tliree months. A thiee months' treat- ment will often cure the most chronic case-, but in very stubborn cases, where there are other complications, a long treatment may be required;" (bookie*-, page 9} "Menstrual deiangemenls- Suppressed or irregular menstruation, dis- placements," (page 10) "' Leucerrheea or ' Whites,1 ante\ersion," (page 13) " All tumors or cancerous fernaations; " " Novita Salve A nerve and tissue remedy for external use. Stainless. *" > '?'. Use freely wherever there is pain, diseased tisane, and particularly in ovarian tumor and cancerous affec- tions. ;: ? * for eczema, scrofula, and facial eruptions. It is especially valuable in nerve trouble. ;' "* *. A three months' treatment often effects a cure, but in very stubborn cases where there ^re other coioplications, a longer treatment is required;" "Novita S-alve Stainless Novita Salve A Nerve and Tissue Remedy for exLernal use. No remedy has so many marvelous cures to its credit as Novita, and none can successfully take its piaee. * ?'* "f Use freely wherever there is pain. It is beneficial wherever there is inflammation, congestion, diseased tissue and particularly in ovarian tumor and cancerous affections. It is also reeommendect for eczema, scrofula and facial eruptions. In cases of rheumatism, stiffened joints or limbs * * * will * * * bring back vitality and strength to the parts. This salve furnishes nutriment to the body through the medium of the skin; (on the cartons containing; Novita Salve Brown are printed the same statements as above set forth; that is to say, the large cartons of the Novita Salve Brown bear the same statements as the large cartons of the Novita Salve Stainless, and the small cartons of the Novita Salvo Brown bear the same statements as the small cartons of Novita Salve Stainless except that on both sizes- of cartons wherever the word " Stain- less " appears in the above alleged statements the word " Brown " appears in the statements on the cartons of Novita Salve Brown) ; (carton, large and small, both kinds of sah'e) "All cases of inflammation, congestion, ulcera- tion of the sk'in, as in salt rheum, eczema, and inflammation of the lungs, as in croup, bronchitis, pneumonia, pleurisy, inflammation of the stomach, liver, kidneys, bladder, bowels and uterine organs. It is especially helpful in cases where the ovaries are diseased, and where the spine or limbs are affected, and whenever there are diseased tissues, foreign matter, stiffening of joints or limbs, and particularly in ovarian tumor, or concerous affections, or where menstruation is painful. In cases of weakness of the back, or where there is headache or pain, the salve rubbed along the spinal column and at the base of the brain, will bring relief and strength. In every case of ovarian trouble, prolapsus, derangement of menstruation, or whenever the spine is affected, the salve and capsules should both be used. It will also produce a growth of adi* pose tissue or fat just beneath the skin, making the form plump and round. For rheumatism." Analyses of samples of the articles by the Bureau of Chemistry of this department showed that the Novita Globules consisted of sugar-coated pills containing essentially potassium nitrate, podoph3dlin, oil of juniper, uva ursi, starch, and a plant drug, probably digitalis. The Novita Capsules consisted essentially of a saponifiable base, containing hydrastis and a small amount of tannin. The Novita Salve Stainless consisted essentially of a saponifiable base containing salts of lead and mercury, apparently ammoniated mercury and lead acetate, with a small amount of acetanilid. The Novita Salve Brown con- sisted of a "saponifiable base containing hydrastis and a tannin-bearing drug. Misbranding of the article was alleged in substance in the libel for the reason that the above-quoted statements, regarding the curative and thera- peutic effects of the article, were false and fraudulent and misleading in that the article contained no ingredient or combination of ingredients capable of producing the curative and therapeutic effects claimed in said statements. On April 20, 1920, John B. Danis, and his assignee, Herbert H. Gray, having consented to a decree, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be released to said claimants upon the payment of the costs of the proceedings and the execution of a bond in the sum of $500, in conformity with section 10 of the act. E. D. BALL, Acting Secretary of Agriculture.