11041. Misbranding of Dr. Burkhart's vegetable compound. TJ. S. v. 6?
Dozen, et al., Packages of Dr, Bnrkhard's [Burlthart's] Vegetable?
Compound. Default decree of condemnation, forfeiture, and de??
struction. (F. & D. Nos. 13046, 13047. I. S. Nos. 10352-t, 10353-t. S. Nos.?
W-625, W-626.)
On July 14, 1920, the United States attorney for the Northern District of?
California, 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 6 dozen packages, 25-cent size, 6i dozen packages, 50-cent size,?
and 32 packages, $1 size, of Dr. Burkhard's [Burkhart's] Vegetable Compound,?
remaining in the original unbroken packages at San Francisco, Calif., alleging?
that the article had been shipped by W. S. Burkhard [Burkhart], Cincinnati,?
Ohio, in various consignments on April 14, May 1, and May 12, 1920, respec??
tively, and transported from the State of Ohio into the State of California,,?
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?
department showed that the pills consisted essentially of aloes, capsicum, and?
podophyllum.
N.J. 11001-11050.]       SERVICE AND REGULATORY ANNOUNCEMENTS.       21
Misbranding of the article was alleged in substance in the libel for the reason?
that it was labeled in part on the cartons as follows, (25-cent and 50-cent?
sizes) " * * * Recommended for Kidney and Liver Disease, Fever and Ague,?
Rheumatism, Sick and Nervous Headache, Erysipelas, Scrofula, Female Com??
plaints,    Catarrh,    Indigestion,    Neuralgia,    Nervous    Affection,    Dyspepsia,
*?* * and all Syphilitic Diseases * * *," ($1 size) " * * * Recommended?
lor Blood Diseases, such as Rheumatism, Kidney and Liver Diseases, Fever?
?and Ague, Sick and Nervous Headache, Erysipelas, Scrofula, Female Com??
plaints, Catarrh,    * * *    Indigestion, Neuralgia, Nervous Affection, Dyspepsia
*?* *," which said statements were false and fraudulent, since the said?
article contained no ingredient or combination of ingredients capable of pro??
ducing the curative and therapeutic effects claimed.
On May 9, 1921, no claimant having appeared for the property, judgment of?
-condemnation and forfeiture was entered, and it was ordered by the court that?
the product be destroyed by the United States marshal.
C. F. MAEVIN, Aotiriff Secretary of Agriculture.