12767. Misbranding: of Arfc-A-Lu.    V. S. v. 36 Bottles of Arlc-A-liU.     Default
decree of condemnation, forfeiture, and destruction.     (F. & D. No.
18037.    I. S. No. 7226-v.    S. No. C-4187.)
On November 20, 1923, the United States attorney for the Eastern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed! in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 26 bottles of Ark-A-Lu, remaining in the original un- 
broken packages at Marshall, Tex., alleging that the article had been shipped 
by the Goode-Cage Drug Co. from Shreveport, La., on or about June 30, 1923, 
and transported from the State of Louisiana into the State of Texas, and charg- 
ing misbranding in violation of the food and drugs act as amended.
Analysis of a sample of the article by the Bureau of Chemistry of Ihis 
department showed that it consisted essentially of magnesium sulphate, iron 
chloride, nitric and hydrochloric acids, and water, flavored with methyl 
salicylate.
Misbranding of the article was alleged in the libel for the reason that the 
following statements appearing in the labeling, regarding the curative and 
therapeutic effects of the said article, (bottle label) " Stomach Kidney And 
Liver    Medicine.     The    Great    Restorative    *    *    *    for    *    *    *    diseases
* * * Of The Stomach, Liver And Kidneys * * * in the following 
forms: Catarrh, Indigestion or Dyspepsia * * * Rheumatism, Kidney And' 
Bladder Troubles, Piles, Scrofula and so-called Blood Diseases, Chills, Fever, 
Ague And Nervousness * * * Nerve tonic for thin, weak, nervous, run- 
down persons * * * to cast out the impurities from the system," were 
false, fraudulent, and misleading, in that the article contained no ingredients 
or combination thereof capable of producing the effects claimed.
On October 6, 1924, 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.
HOWARD M. GORE, Secretary of Agriculture.