9323. Misbranding of Wampole's Phosphorus, Nux and Damiana. U.S. * * * v.Bottles 
and 2| Dozen Bottles of Patent Medicine. Default decrees of condemnation, forfei- 
ture, and destruction. (F. & D. Nos. 13703, 13732. I.S. Nos. 9202-t,9215-t. S.Nos.E-2752, 
E-2784 )
On September 16 and 29, 1920, respectively, the United States attorney for the 
Eastern District of North Carolina, acting upon a report by the Secretary of Agricul- 
ture, filed in the District Court of the United States for said district libels for the 
seizure and condemnation of 9 bottles and 2\ dozen bottles of a drug known as Phos- 
phorus, Nux and Damiana, consigned by the Henry S. Wampole Co., Baltimore, Md., 
remaining in the original unbroken packages at Raleigh and Wilmington, N. C, 
respectively, alleging that the article had been shipped on or about July 12 and 
June 14, 1920, respectively, and transported from the State of Maryland into the 
State of North Carolina, and charging misbranding in violation of the Food and 
Drugs Act, as amended. The article was labeled in part: (Carton and bottle) 
«* * * per an exhausted nervous system, Nervous weakness & Lost Vitality, 
Impotence, Insomnia, Hysteria, Nervous Depression and other Diseases of the Brain 
& Nerves Of Both Sexes * * * Renewing Strength, Restoring Lost Vitality 
and Increasing All The Physical Powers."
Analysis of a sample of the article by the Bureau of Chemistry of this department 
showed that it consisted essentially of damiana, nux vomica, and phosphorus.
Misbranding of the article was alleged in substance in the libels for the reason that 
the above-quoted statements regarding the curative or therapeutic effects thereof 
were false, fraudulent, and misleading in that the said article would not produce the 
curative or therapeutic effects which purchasers were led to expect by the said state- 
ments, and which were applied to the article, with a knowledge of their falsity, for 
the purpose of defrauding purchasers thereof.
On December 13 and 17, 1920, respectively, no claimant having appeared for the 
property, judgments of condemnation and forfeiture were entered, and it was ordered 
by the court that the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.