10892. Misbranding of Allan's compound extract of damiana. U. S. v. 8?
Bottles, et al, of Allan's Compound Extract of Damiana. Default?
decrees   of   condemnation,   forfeiture,  and   destruction.      (F    &  D
Nos. 14989, 14990, 15076.    S. Nos. C-3078, C-3079, C-3081.)
On July 18, 1921, the United States attorney for the Southern District of?
Mississippi, 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 8 bottles, 12 bottles, and 49 bottles of Allan's compound?
extract of damiana, remaining in the original unbroken packages at Terry,?
Utica, and Jackson, Miss., respectively, alleging that the article had been?
shipped by the Allan-Pfeiffer Chemical Co., St. Louis, Mo., on or about Feb??
ruary 1, 1918, and July 13 and August 7, 1920, respectively, and transported?
from the State of Missouri into the State of Mississippi, and charging mis??
branding in violation of the Food and Drugs Act, as amended. The article?
was labeled in part: (Carton and bottle) "* * * A Tonic For Both Sex * * *;"?
(carton) " * * * Nerve and Brain Remedy * * * For Hysteria, Dizziness,?
Convulsions, Nervous Prostration * * * General Weakness * * * In Nervous?
Debility."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it consisted of extracts of plant drugs, including nux?
vomica, sugar, alcohol, and water.
Misbranding of the article was alleged in substance in the libels for the?
reason that the above-quoted statements regarding the curative and thera??
peutic effect thereof, appearing in the labels of the bottles and cartons con??
taining 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 ingredient or combination of ingredients capable of producing?
such effect. Misbranding 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 November 7, 1921, no claimant having appeared for the property, judg??
ments of condemnation and forfeiture were entered, and it was ordered by?
the court that the product be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.