15908. Misbranding:  of 999  nerve  tonic and Prescription 999.    TJ.  S. v.  11
Boxes of 999 Nerve Tonic, et al.     Default order of destruction en- 
tered.     (F. & D. No. 22379.    I. S. Nos. 2878-x, 2879-x.    S. No. 448.)
On January 26, 1928, the United States attorney for the Western District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed: in the 
District Court of ?the United States for said district a libel praying seizure 
and condemnation of 11 boxes of 990 nerve tonic, and 11 boxes of Prescription 
999, remaining in the original unbroken packages at Kansas Oity, Mo., alleging 
that the articles had been shipped by the Combination Remedy Co., from 
Pittsburgh, Pa., on or about December 27, 1927, and transported from the 
State of Pennsylvania into the State of Missouri, and charging misbranding 
I violation of the food and drugs act as amended.   The articles were labeled
in part:(999 nerve tonic) ''The ingredients from which these capsules are 
compounded have been used and prescribed for years for rum down systems and 
nervous disorders; " (Prescription 999) " Recommended for kidney and bladder 
disorders. This medicine is a combination of oil sandalwood, oil cubebs, 
copaiba, and other valuable Vegetable Oils which are known to give the best 
results in treating the disease for which, this medicine is intended. * * * 
after all signs of the disease have disappeared."
Analyses of samples of the articles by this department showed that the 999 
nerve tonic consisted essentially, of zinc phosphide, calcium sulphate, and 
extracts of nux vomica and damiana; and that the Prescription 999 con- 
sisted essentially of the volatile oils of nutmeg, santal, and cubeb, copaiba, 
and a fatty oil.
It was alleged in substance in the libel that the articles were misbranded 
in that the above-quoted statements, borne on the labels, were false and fraudu- 
lent, since the said articles contained no ingredients or combinations of ingre- 
dients capable of producing the curative and therapeutic effects claimed.
On August 1, 1928, no claimant having appeared for the property, a decree 
was entered ordering that the products be destroyed by the United States 
marshal.
ARTHUR M. HYDE, Secretary of Agriculture.'