10459. Misbranding of Nervtone tablets. U. S. * * * v. IT Boxes 
of * * * Nervtone Tablets, et al. Default decrees of condem- 
nation, forfeiture, and destruction. (F. & D. Nos. 16029, 16031, 16034, 
16035, 16036, 16037, 16033, 16039, 16041, 16043. 16047. Inv. Nos. 24537, 
35602, 35605, 35606, 35607, 35608, 35609, 35610, 35612, 35615, 35620. 
S. No. E-3773.)
On February 21, 23, and 24, 1922, respectively, the United States attorney 
for the District of Maine, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district libels praying 
the seizure and condemnation of 617 boxes of Nervtone tablets, remaining unsold 
in  the original unbroken packages at Biddeford,  Waterville,  Lewiston,  and
Augusta, Me., respectively, consigned by A. F. Schambier, Manchester, N. H., 
alleging that the article had been shipped from Manchester, N. H., April 14. 
July 19, 20, and 27, December 21 and 31, 1921 [and February 5, 1922], respec- 
tively, and transported from the State of New Hampshire into the State of 
Maine, 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 depart- 
ment showed that the Nervtone Tablets No. 1 contained approximately 1/60 
grain of mercuric chlorid, 1/120 grain of strychnine sulphate, 1/100-grain of 
arsenic trioxid, and 3 grains of iron sulphate each, together with aloes and 
cascara sagrada extract; and that the Nervtone Tablets No. 2 contained approxi- 
mately 1/120 grain of strychnine siflphate, together with cascara and bella- 
donna extracts and aloes.
Misbranding of the article was alleged in substance in the libels for the 
reason that the cartons and envelopes containing the said article and the 
leaflets accompanying the same bore the following statements regarding its 
curative or therapeutic effects, (carton) (English) "Nervtone Tablets 100 
No. 1 * * * Tablets 30 No. 2 For Liver or Kidney Troubles Recom- 
mended for Dyspepsia, Rheumatism, Indigestion, Nervous Trouble, Diminution 
of the ordinary vigor of the body and mind, through overwork, mental worry, 
and all female complaints * * *," (French) " Recommended for Dyspepsia, 
Rheumatism, Indigestion, Nervousness, Exhaustion through work, Loss of 
Sleep, Pains in the Side or Back, Exhausted Vitality resulting from any cause 
whatsoever, and all diseases peculiar to women * * * " (carton and en- 
velope) (English) "Nervtone (No. 2) Tablets Useful in * * * Defective 
Elimination, Liver and Kidney Troubles * * *" (French) " * * * indis- 
pensable against * * * diseases of the liver and kidneys * * *," (leaf- 
let) (English and French) " * * * Nervtone Tablets No. 2 * * * for 
H * * Liver and Kidney Troubles, Bilious Affections (les SystSmes Bilieux) 
and Digestive Disorders (la Mauvaise Digestion en general). * * * Serious 
diseases, such as dyspepsia, gall stones, appendicitis, etc., soon make their pres- 
ence felt if the stomach and bowels do not work properly. * * * for the 
speedy relief of * * * the worst forms of digestive troubles. They relieve 
the stomach by doing a share of its work. * * * Take also Nervtone Tab- 
lets No. 1 for Indigestion, Nervousness, Rheumatism, etc. * * * " which 
statements were false and fraudulent in that the said article contained no 
ingredient or combination of ingredients capable of producing the therapeutic 
or curative effects claimed. Misbranding was alleged for the further reason 
that the said cartons bore the following statement, " No * * * dangerous 
drug," which statement was false and misleading.
On March 13, 1922, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were 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.