16421. Misbranding of Swaim's panacea. IT. S. v. 11 Dozen Bottles of 
Swaim's Panacea. Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No. 22798.    I. S. No. 20741-x.    S. No. 814.)
On May 28, 1928, the United States attorney for the District of Porto Rico,
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 dozen bottles of Swaim's panacea at San Juan, P.  R.,  alleging that
the article had been shipped by A. S. Wilson   (Inc.), New York, N. Y., into
Porto Rico, on or about November 17, 1926, and was being sold and offered for
sale in Porto Rico by Serra, Garabis & Co.,  San Juan, P. R., and charging 
misbranding in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that it consisted 
essentially of extracts of plant drugs, a trace of iodides, sugar, alcohol, and 
water.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative and therapeutic effects of the said article 
were false and fraudulent, since it contained no ingredients or combination of 
ingredients capable of producing the effects claimed: (Wrapper and circular, 
translated from Spanish) "A medicine known for over 100 years for use in 
diseases of the blood * * * blood purifier. In public use since 1820 for the 
treatment of diseases of the blood. Also as * * * blood purifier; " (circu- 
lar, translated from Spanish) "Panacea * * * blood purifier. * * * 
Panacea has challenged the test of almost a century, a test so severe that it 
showed up its true character, its use, its abuse and faults. No medicine with- 
out merit can stand what can be said about Swaim's Panacea--that it has gone 
through every test successfully."
On October 16, 1928, 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.
AETHTJB M. HYDE, Secretary of Agriculture.