14858. Misbranding of  phosphated iron.     V.  S. v.  IB  Dozen  Packages  of
Phosphated  Iron.     Default   decree  of  condemnation,  forfeiture, 
and destruction.     (P. & D. No. 21311.    S. No. E-5869.)
On October 7, 1926, the United States attorney for the District of Massa- 
chusetts, acting upon a report bv the Secretary of  Atrrirnltnrf*   filprf  *n  the
District Court of the United States for said district a libel praying seizure 
and condemnation of lH dozen packages of phosphated iron, remaining in the 
original unbroken packages at Worcester, Mass., consigned May 13, 1926, 
alleging that the article had been shipped by the Relief Laboratory (Inc.), 
Newburgh, N. Y., and transported from the State of New York into the State 
of Massachusetts, and charging misbranding in violation of the food and drugs 
act as amended.
Analysis by the Bureau of Chemistry of this department of a sample of the 
product showed that it consisted essentially of iron phosphate and carbonate, 
nux vomica extract, and a laxative drug.
It was alleged in the libel that the article was misbranded,  in that the 
following  statements  regarding the  curative  and therapeutic  effects  of the 
said article were false and fraudulent,  since it contained no ingredient or 
combination of ingredients capable of producing the effects claimed:   (Carton 
label) " Phosphated Iron    *    *    *    To overcome lack of Iron and Phosphorous 
in the whole system; to increase Flesh and Tissue Building, to overcome lack 
of Nerve Force and Energy, Brain Fag and that Tired Feeling.    *    *    *    for 
all that are going back and feel they need help to carry them over.    *    *    * 
indicated in the treatment of Loss of Appetite, Anaemia,  (Lack of Red Blood 
Corpuscles). Pimples and all Skin Affections, Neurasthenia, Hysteria, Faint- 
ing or Dizziness, delayed or suppressed painful Menstruation, and is used with 
great success for its reconstructive powers after prolonged illness,   (circular) 
" Phosphated Iron    *    *    *    In Hundreds of Cases of Nerve Exhaustion, Lack 
of   Iron   and   Phosphates,   Weakened   Vitality,   Anaemia,   Neurasthenia,   etc., 
this   Scientific  Remedy has  helped  Nature  to  restore Health,   Strength  and 
Happiness.     Nervousness,   Short   Temper,   Headaches,   Foolish   Fears,   that 
Tired Feeling, Worry, Lack of Ambition, Loss of Sleep, these are the price of 
over-strenuous life when we lack the Iron and Phosphorous in our systems to 
enable us to recuperate and come back strong for the tasks we all have to 
shoulder.    To Avoid this Worn-out Condition and Nervous Breakdown and the 
danger of serious diseases due to weakened resistance  (caused from lack of 
Iron and Phosphorus in the Body)  Three Things Are Necessary: Good Rest, 
Proper Nourishment and Phosphated Iron.    The Value of Phosphated  Iron 
lies in the Fact that it quiets the nerves and makes the dreaded sleepless 
nights give way to undisturbed refreshing sleep.   It helps to nourish the body 
by giving healthy enjoyable appetite, and aiding Digestion, so the Iron and 
Phosphates are readily taken into the blood and circulation, enabling the body 
to get the full benefit, of the well-digested food and Phosphated Iron.    *    *    * 
For lack of Iron that goes to make rich red blood,  for Anaemia,  Loss of 
Vitality, Nervous Prostration due to Overwork, Nervousness, Bad or Impover- 
ished Blood, for the treatment of Wasting Diseases and for People recovering 
from long and serious illness, Phosphated Iron should be used as a Nerve, 
Health and Strength Builder   *    *    *    Don't Make This Mistake Be Sure and 
Do Not Stop Treatment Too Soon Remember your trouble is a deeply rooted 
condition.    It took a long time to develop and you cannot get rid of it in a 
day, so do not make the mistake of stopping treatment too soon even though 
your trouble has ceased.   After taking Phosphated Iron for a short time and 
experiencing its benefits, do not jump to the conclusion that your trouble is 
cured because you feel so much better again.   The chances are that in reality 
the fight against your troubles is just turning in your favor, unless your case 
is an exceptionally mild one.    If you stop treatment too soon, you may suffer 
a return of your troubles, because you have not thoroughly absorbed enough 
Phosphated  Iron in  your  system  to be on  the safe  side.    Continue taking 
Phosphated Iron for a couple of weeks, after all your symptoms disappear, 
simply as a safeguard against the return of your old complaint.   Furthermore, 
if yours is a severe or chronic case of lack of Iron and Phosphates be content 
to wait a little while for results, your patience will be well rewarded.   Bear 
in mind what a stubborn ailment your condition is, and how long you have 
been running down hill, your powers of nerve resistance have worn out, your 
blood is impoverished for lack of Iron and Phosphates and you realize that in 
a long standing case of your ailment it takes time to accomplish material 
benefits.   Your case may be so severe as to require three or six or seven more 
boxes of ' Phosphated Iron.' "
On December 20, 1926, 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.
W. M. JARDINE, Secretary of Agriculture