8713. Misbranding of Dr. Burkhart's vegetable compound. U. S. * * * 
v. 179 Packages of Dr. Burkhart's Vegetable Compound. Default 
decree  of condemnation,  forfeiture,  and  destruction.     (F.  & D.  No.
13068.    I. S.  Nos. 5676-t, 5677-t, 5678-t.     S. No. E-2451.)
On July 20, 1920, the United States attorney for the Western District of New 
York, 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 con- 
demnation of 179 packages of Dr. Burkhart's vegetable compound, remaining 
unsold in the original unbroken packages at Buffalo, N. Y., consigned by Dr. 
W. S. Burkhart, Cincinnati, Ohio, alleging that the article had been shipped 
from Cincinnati, Ohio, on or about June 22, 1920, and transported from the 
State of Ohio into the State of New York, and charging misbranding in viola- 
tion of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained plant extractives, including aloes, resins, 
and capsicum.
Misbranding of the article was alleged in substance in the libel for the 
reason that the following statements appearing in the labeling, to wit, (carton, 
25-cent and 50-cent sizes) " Recommended for Kidney and Liver Disease, Fever 
and Ague, Rheumatism, Sick and Nervous Headache, Erysipelas, Scrofula, 
Female Complaints, Catarrh, Indigestion, Neuralgia, Nervous Affection, Dyspep- 
sia, * * * and all Syphilitic Diseases," (carton, $1 size) "Recommended 
for Blood Diseases, such as Rheumatism, Kidney and Liver Diseases, Fever 
and Ague, Sick and Nervous Headaches, Erysipelas, Scrofula, Female Com- 
plaints, Catarrh * * * Indigestion, Neuralgia, Nervous Affection, Dys- 
pepsia," regarding the curative and therapeutic effects thereof, were false and 
fraudulent since the said article contained no ingredient or combination of 
ingredients capable of producing the effects claimed.
On April 18, 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.