10600.?Misbranding   of   Parry's   vegetable   compound   Nos.  2   and   3.     TJ.   S.
* * * v. 23 Bottles of * * * Parry's Vegetable Compound?
]Vo. 2 and 8 Bottles of * * * Parry's Vegetable Compound No.?
3. Decree of condemnation and forfeiture. Products ordered?
destroyed or released under bond for relabeling. (F. & D. No.?
13763.    I. S. Nos. 8628~t, 8627-t.    S. Nos. E-2814, E-2815.)
On October 6, 1920, the United States attorney for the Northern District of?
West Virginia, 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 23 bottles of Parry's vegetable compound N'o. 2 and 8 bot??
tles of Parry's vegetable compound No. 3, remaining unsold in the original?
packages at Wheeling, W. Va., alleging that the articles had been shipped by?
the Parry Medicine Co., Inc., Pittsburgh, Pa., on or about September 24, 1920,?
and transported from the State of Pennsylvania into the State of West Virginia,?
and charging misbranding in violation of the Food and Drugs Act, as amended.
Analyses of samples of the articles by the Bureau of Chemistry of this de??
partment showed that they consisted of olive oil, alcohol, and water, flavored?
with various essential oils.
Misbranding of the articles was alleged in substance in the libel for the?
reason that the label on each of the bottles containing the said articles bore?
the statement, "All goods guaranteed under the Pure Food and Drug Act, June?
30, 1906," which said statement was false and misleading. Misbranding was?
alleged in substance for the further reason that the packages, containers,?
and bottles and the labels thereon contained the following statements regard??
ing the curative and therapeutic effects of the respective articles, " Parry's?
Vegetable Compound No. 2 * * * Cancer * * * For Cancer, Catarrh,?
Head Noises, Tumors, Adenoids, Hemmorrhoides, Piles, Appendicitis, Asthma,?
Goiter, Typhoid and all other Fevers " and " Parry's Vegetable Compound No.?
3 * * * Cancer * * * For Brights Disease, Bladder, Kidneys, Influ??
enza and for Weak Women," which said statements were false and fraudulent,?
in that the articles contained no ingredients and no combination of ingredients?
capable of producing the effects claimed.
On May 6, 1921, the Parry Medicine Co., Inc., Pittsburgh, Pa., having entered?
an appearance as claimant for the property, judgment of condemnation and for??
feiture was entered, and it was ordered by the court that the products be?
destroyed by the United States marshal, with the proviso, however, that the?
said products be released to the said claimant, upon payment of the costs of?
the proceedings and the execution of a bond in the sum of $200, in conformity?
with section 10 of the act, conditioned in part that they be relabeled in a man??
ner satisfactory to this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.
S. R. A.—Chem. Suppl. 143.