10261.?Misbranding   of  Nerv-Mintz.     V.   S.      *      *      ?     v.   24   Boxes     *      ?      *
of * * * Nerv-Mintr. Default decree of condemnation, for??
feiture, and destruction. (F. & D. No. 13494. I. S. No. 24615-r. S.?
No. 0-2326.)
On August 25, 1920, the United States attorney for the Eastern District of?
Michigan, 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 24 boxes of Nerv-Mintz, at Detroit, Mich., alleging that the?
article had been shipped by the Earle Chemical Co., Wheeling, W. Va., on or?
about January 20, 1920, and transported from the State of West Virginia into
146	
BUREAU  OP  CHEMISTRY.	
[Supplement 136,
the State of Michigan, and charging misbranding in violation of the Food?
and Drugs Act, as amended. The article was labeled in part: (Carton)?
" * * * ? Nerv-Mintz Nerve And Energy Tablets Especially A Nerve Strength-?
ener * * * Soothe and Quiet The Nerves, * * * Used For The Relief Of?
Nervousness, Loss Of Vigor, Energy and Ambition?Lack Of Confidence, Sleep??
lessness, Trembling, Nervelessness, Shifty Gait, Shattered Nerves, Exhausted Or?
Weakened Vitality, Mental Depression, Numbness, Weakening Habits, * * *?
And All Overworked And Unstrung Nerves Induced By Fast Living And Other?
Excesses. * * * Useful In The Treatment Of Nervous Conditions Which Fol??
low Too Strenuous Living, Mental And Physical Fatigue, and Other Excesses ";?
(circular) " Nerv-Mintz For Nervous Debility * * * Exceptionally Efficient?
In The Treatment Of Nervousness, Loss Of Vigor, Energy And Ambition,?
Lack of Confidence, Sleeplessness, Shifty Gait, Shattered Nerves, Weakened Or?
Exhausted Vitality, Mental Or Physical Depression, Weakening Habits, * * *?
And For All Over-Worked And Unstrung Nerves Induced By Fast Living And?
Other Excesses. * * * To all those who * * * suffer from the effects?
of fast living, over-work, and the drains of present day strenuous excesses.?
Nerv-Mintz prove most wonderful rejuvenators, restoring the lost vitality you?
perhaps had thought was gone forever. Generally results are quick. * * *?
Keep up the treatment   *    *    * "
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it consisted of tablets containing zinc phosphid and ex??
tracts of plant drugs, including mix vomica, saw palmetto, aloes, and red?
pepper.
Misbranding of the article was alleged in substance in the libel for the rea??
son that the above-quoted statements appearing on the labels of the cartons?
containing the said article and in the accompanying circular were false and?
fraudulent in that the said article contained no ingredient or combination of in??
gredients capable of producing the curative and therapeutic effects claimed in?
the said statements.
On March 8, 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. F. MABVIN, Acting Secretary of Agriculture.