•9986. Misbranding of M. I. S. T. No. 2 nerve tonic. V. S. * * * v„ 12 
Dozen Packages, 20 Packages, and 68 Packages * * * of * * * 
M. I. S. T. No. 2 Nerve Tonic. Decrees of condemnation and for- 
feiture. 12 dozen packages and 20 packages destroyed. 68 pack- 
ages released nnder bond. (F. & D. Nos. 13813, 13815, 13839. I. S. Nos. 
10380-t, 10381-t, 10387-t, 1038S-t.    S. Nos. W-781, W-782, W-786.)
On October 25, October 28, and November 4, 1920, respectively, the United 
States attorney for the Southern District of California, acting upon reports by 
the Secretary of Agriculture, filed in the District Court of the United States 
for said district libels for the seizure and condemnation of 12 dozen packages, 
20 packages, and 68 packages of M. I. S. T. No. 2 nerve tonic, remaining in 
the original unbroken packages at Los Angeles, Calif., alleging that the article 
had been shipped in part by the Williams Mfg. Co., Cleveland, Ohio, on or 
about May 28 and July 7, 1920, respectively, and in part by the M. I. S. T. Co., 
Toledo, Ohio, on or about October 11 and 15, 1920, respectively, and transported 
from the State of Ohio -into the State of California, and charging misbranding 
in violation of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that it consisted essentially of aloes, calomel, a laxative 
plant drug, and a small amount of methyl salicylate in gelatin capsules.
Misbranding of the article was alleged in substance in the libels for the 
reason that the following statements appearing i,n the labeling of the said 
article, to wit, (package and wrapper) " M. I. S. T. * * * Nerve * * * ," 
(circular) "For Blood Diseases * * * for Syphilis or Venereal Diseases, 
Dropsy, Gout, Rheumatism, Tumors, Ulcers, Scrofula, Swellings, Ulcerated Sore 
Throat, Erysipelas, Cancer or Cancerous Tumors and Inflammation of the Blad- 
der, Stricture and Varicocele * * * for Nervous Diseases * * * M. I. 
S. T. No. 2 * * * an aid in the treatment of Nervous Diseases * * *," 
were false and fraudulent in that the said article contained no ingredient or 
combination of ingredients'capable of producing the curative and therapeutic 
effects claimed in the said statements.
On August 17 and 26, 1921, respectively, no claimant having appeared for 
the 12 dozen packages and the 20 packages of the product, judgments of con- 
demnation and forfeiture were entered, and it was ordered by the court that 
the product be disposed of according to law, and it was destroyed by the United 
States marshal.    On August 17, 1921, the M. I. S. T. Co., of Toledo, Ohio,
having entered an appearance as claimant for the 68 packages of the product, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the said product be released to the claimant upon payment of 
the costs of the proceedings and the execution of a bond in the sum of $100,. 
in conformity with section 10 of the act, conditioned in part that it be relabeled 
in a manner satisfactory to this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.