9712.  Misbranding of Dr. Burkhart's  vegetable  compound.     U.  S. *      *      *
v. 209  Packages  of Dr.  Burkhart's  Vegetable   Compound. Default
decree of condemnation, forfeiture, and destruction.     (F. & D.  No.- 
13067.    I. S. Nos. 7803-t, 7804-t, 7805-t.    S. No. E^-2452.)
On July 20, 1920, the United States attorney for the Middle District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United' States for said district a libel for the seizure and 
condemnation of 209 packages, consisting of 126 packages, 25-cent size, 51 
packages, 50-cent size, and 32 packages, $1 size, of Dr. Burkhart's vegetable 
compound, remaining in the original unbroken packages at Harrisburg, Pa., al- 
leging that the article had been shipped by Dr. W. S. Burkhart, Cincinnati, Ohio, 
on or about May 6, 1920, and transported from the State of Ohio into the State 
of Pennsylvania, and charging misbranding in violation of the Food and Drugs 
Act, as amended. The article was labeled in part: (Carton, 25-cent and 50-cent 
sizes) "* * * Recommended for Kidney and Liver Disease, Fever and Ague, 
Rheumatism, Sick and Nervous Headache, Erysipelas, Scrofula, Female Com- 
plaints, Catarrh, Indigestion, Neuralgia, Nervous Affection, Dyspepsia, * * * 
and all Syphilitic Diseases"; (carton, $1 size) "Recommended for Blood Dis- 
eases, such- as Rheumatism, Kidney and Liver Diseases, Fever and Ague, Sick 
and Nervous Headache, Erysipelas, Scrofula, Female Complaints, Catarrh 
*    *    *    Indigestion, Neuralgia, Nervous Affection, Dyspepsia."
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed that it contained plant extractives, including aloes, resins, and 
capsicum.
Misbranding of the article was alleged in the libel for the reason that the 
above-quoted statements regarding the curative and therapeutic effect thereof 
were false and fraudulent since the said article contained no ingredient or 
combination of ingredients capable of producing the effects claimed.
On May 27, 1921, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture. 
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