15984. Misbranding- of 999 nerve tonic, Prescription 999, and Prescription
999 astringent wash. IT. S. v. 2% Dozen Boxes of 999 Nerve Tonic, 
et al. Default decree of condemnation, forfeiture, and destruc- 
tion. (F. & D. No. 22356. I. S. Nos. 96340-x, 96341-x, 96342-x. S. No. 
374.)
On January 10, 1928, the United States attorney for the Southern District 
of Illinois, 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 2% dozen boxes of 999 nerve tonic, 4H dozen boxes of Pre- 
scription 999, and 6 packages of Prescription 999' astringent wash at Rock 
Island, Ill., alleging that the articles had been shipped by the Combination 
Remedy Co., Pittsburgh, Pa., on or about November 2, 1927, and had been trans- 
ported from the State of Pennsylvania into the State of Illinois, and charging 
misbranding in violation of the food and drugs act as amended.
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; that the Prescription 999 consisted es- 
sentially of the volatile oils of nutmeg, santal, and cubeb, copaiba, and fatty 
oil; and that the Prescription 999 astringent wash consisted essentially of 
boric acid and magnesium sulphate, colored with a coal tar color.
The labels of the articles bore the following statements which this depart- 
ment deemed to be false and fraudulent: (999 nerve tonic, box label) "Nerve 
Tonic. The ingredients from which these capsules are compounded have been 
used and prescribed for years for rundown systems and nervous disorders; "" 
(Prescription 999, box label) "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;" (Prescription 999 astringent wash,, 
carton) " To be used in conjunction with 999 Capsules. For Kidney and Bladder 
Disorders, as a wash for Irritated Membranes."
It was alleged in the libel that the articles were misbranded in violation 
of section 8, paragraph 3, of said food and drugs act as amended.
On April 17, 1928, no claimant having appeared for the property, judgment 
was entered finding that the, said articles were false and fraudulent in that they 
contained no ingredients or combinations of ingredients capable of producing 
the effects claimed, and it was ordered by the court that they be condemned, 
forfeited, and destroyed by the United States marshal.
ARTHTTB M. HYDE, Secretary of Agriculture.