SS47. Misbranding of Dr. Btirkhari's Vegetable Comiiovna. IT. S. * * *?
v. 116 Packages and 110 Packages of Dr. Barkhart's Vegetable?
Compound. Default decree of condemnation, forfeiture, and de??
struction. (F. & D. Nos. 13120, 13121. I. S Nos. lQ17S-t, 10170-t, 10180-t,?
10181-t.     S. Nos.  W-637,  W-639.)
On August 10, 1920, the United States attorney for the District of Colorado,?
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 condemnation of?
116 packages and 110 packages of Dr. Burkhart's Vegetable Compound, re??
maining unsold in the original unbroken packages at Deliver, Colo., alleging?
that the article had been shipped on or about July 11, 1918, July 26, 1919,?
February 24, 1920, June 1, 1920, and June 23, 1920, by Dr. W. S. Burkhart,?
Cincinnati, Ohio, and transported from ihe State of Ohio into the Stale of?
Colorado, and charging misbranding under the Food and Drugs Act, as amended.?
The article was labeled in part, " Dr. Burkhart's Vegetable Compound Recom??
mended for Kidney and Liver Disease, Fever and Ague, Rheumatism, Sick and?
Nervous Headache, Erysipelas, Scrofula, Female Complaints, Catarrh, Indiges??
tion, Neuralgia, Nervous Affection, Dyspepsia, Constipation and all Syphilitic?
Diseases."
Analysis of a sample of the product by the Bureau of Chemistry of this de??
partment showed that it consisted of. pills composed essentially of aloes, plant?
extractives, resins  (probably from podophyllum), and capsicum.
Misbranding of the article was alleged in the libel for the reason that the?
above-quoted statements, borne on the* package, were false, and fraudulent as to?
the curative and therapeutic effects of the article, said statements being false?
and fraudulent in that the said drugs contained no ingredient or combination?
of ingredients capable of producing the effects claimed, and that said drugs?
were not a remedy for, and had no curative or beneficial effects whatsoever?
upon, any of the diseases mentioned.
On October 8, 1920, no claimant having appeared for the property, a default?
decree of condemnation and forfeiture was entered, and it was ordered by tlio?
court that the product be destroyed by the United States marshal.
E. D. BALL, Acting Secieiaiy of Agriculture.