10911.?Misbranding- of Vitalo.     U. S. v. 8 Dozen Bottles of Vitalo.    Default
decree of condemnation, forfeiture, and. destruction.     (F. & D. No.
13954.    I. S. No. 1636-t.    S. No. C-2582.)
On December 9, 1920, the United States attorney for the Southern District of?
Mississippi, 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 8 dozen bottles of Vitalo, remaining in the original unbroken?
packages at Vicksburg, Miss., alleging that the article had been shipped by the?
Allan-Pfeiffer Chemical Co., St. Louis, Mo., October 12,1920, and transported from?
the State of Missouri into the State of Mississippi, and charging misbranding?
in violation of the Food and Drugs Act, as amended. The article was labeled?
in part: (Bottle and carton) "Vitalo * * * Nerve and Muscle Tonic";?
(carton) "Remedy * * * For General Weakness * * * Nervous Debility?
*   *   *   for the Nerves, Brain and Muscles."
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 damiana?
and nux vomica, sugar, alcohol, and water.
Misbranding of the article was alleged in substance in the libel for the rea??
son that the above-quoted statements regarding the curative and therapeutic?
effect of the said article were false and fraudulent in that it had not the cura??
tive or therapeutic effect so claimed in the said statements and contained no?
ingredient or combination of ingredients capable of producing such effects.
506	
BUREAU  OF   CHEMISTRY,	
[ Supplement 149,
On November 28, 1921, n,o claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product be destroyed by Hie United States marshal.
O. W. PTJGSIEY, Acting Secretary of Agriculture.