10912.?Misbranding: of Bick's Daisy ?9.    TJ.  S. v.  7 Bottles of Bick's Daisy
99.     Default decree of condemnation, forfeiture, and destruction.
(F. & I>. No. 13955.    S. No. C-2586.)
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 7 bottles of Biek's Daisy 99, remaining in the original?
unbroken packages at Greenville, Miss., alleging that the article had been?
shipped by the Palestine Drug Co., St. Louis, Mo., on or about February 15,?
1919, 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: (Wrapper and bottle) "For Gonorrhoea,?
Gleet, Leuchorrhoea, Kidney and Bladder Troubles, Chronic Seminal and?
Mucous ^Discharges. For Male and Female"; (wrapper) "Absolutely Relia??
ble ; Perfectly Safe and Sure; Never has Failed; * * * In severe cases?
use from one to three bottles."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it consisted essentially of extracts of plant drugs, includ??
ing cascara sagrada and buchu, sodium acetate, 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 thereof, appearing in the label of the bottle containing the said article?
and in the accompanying wrapper, were false and fraudulent in that the said?
article had not the curative or therapeutic effect so claimed in the said state??
ments and contained no ingredient or combination of ingredients capable of?
pi*oducing such effects.
On November 28, 1921, no 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 the United States marshal.
C. W. PTJGSLEY, Acting Secretary of Agriculture.