0870. Misbranding of Allan's compound extract of damiana. U. S. * * * 
v. 18 Bottles of Allan's Compound Extract Damiana. Default de- 
cree   of   condemnation,   forfeiture,   and   destruction.     (F.   &   D.   No.
14585.    Inv. No. 24146.    S.  No. C-2836.)
On March 29, 1921, the United States attorney for the Southern District of 
Mississippi, 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 18 bottles of Allan's compound extract of damiana, remaining 
in the original unbroken packages at Brookhaven, Miss., alleging that the article 
had been shipped by the Allan-Pfeiffer Chemical Co., St. Louis, Mo., on or about 
January 1, 1920, and transported from the State of Missouri into the State of 
Mississippi, and charging misbranding in violation of the Food and Drugs Act, 
as amended. The article was labeled in part: (Bottle and carton) "* * * 
Tonic For Both Sex * * *"; (carton) "* * * Nerve And Brain Rem- 
edy * * * jpor Hysteria, Dizziness, Convulsions, Nervous Prostra- 
tion,    *    *    *    General Weakness    *    *    *    In Nervous Debility."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it was an aqueous solution of strychnine, bitter plant 
principle, sugar, alcohol, and color.
Misbranding of the article was alleged in substance in the libel for the reason 
that the above-quoted statements regarding the curative and therapeutic effect 
thereof, appearing in the labels of the bottles and cartons containing the said 
article, were false and fraudulent in that the said article had not the curative 
or therapeutic effect so claimed in the said statements and contained no in- 
gredient or combination of ingredients capable of producing such effect. Mis- 
branding was alleged for the further reason that the article failed to bear on 
the label of the carton and bottle a statement of the quantity or proportion of 
alcohol it contained.
On May 3, 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. PXJGSLEY, Acting Secretary of Agriculture.