17945. Misbranding of U-Ta-Ka Indian tonle., V. S. v. 17 Bottles of U-Ta-Ka 
Indian Tonic. Default decree of condemnation, forfeiture, and 
destruction.    (F. & D. No. 25169.    I. S. No. 19654.    S. No. 3422.)
Examination of a drug product, known as U-Ta-Ka Indian tonic, from the 
herein-described shipment naving shown that the labels represented the article 
to possess certain curative and therapeutic properties which it did not possess, 
also that it was represented to be ah Indian remedy and to be made from 
herbs, roots, barks, and berries, whereas it was not, the Secretary of Agriculture 
reported the matter to the United States attorney for the Western District 
of Texas.
On or about September 26, 1930, the United States attorney filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 17 bottles of U-Ta-Ka Indian tonic at Rosebud, 
Tex., alleging that the article had been shipped by the National Medicine Co., 
from Nashville, Tenn., on or about May 3,1930, and had been transported from 
the State of Tennessee into the State of Texas, 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 con- 
sisted essentially of magnesium sulphate, extracts of plant drugs including a 
laxative drug, sodium benzoate, glycerin, sugar, and water.
It was alleged in the libel that the article was misbranded in that the state- 
ments, " The Great Indian Medicine," " Indian Tonic," and the design of an 
Indian, appearing upon the labeling, were misleading, since the article con- 
tained drugs unknown to the Indians; and for the further reason that the 
statement upon the carton wrapper, " Made of herbs, Toots, barks and berries," 
was false and misleading. Misbranding was alleged for the further reason 
that the following statements borne on the bottle label and carton wrapper, 
regarding the curative or therapeutic effects of the article, were false and 
fraudulent, since it contained no ingredient or combination of ingredients ca- 
pable of producing the effects claimed: (Bottle label) "Highly recommended 
for disorders of, the stomach, kidneys, blood such as indigestion and nervous 
run down condition, loss of appetite, weak back, and pains through the body." 
(earton wrapper) " For the stomach, kidneys, liver and blood * * * Tonic 
* * * Recommended for the stomach, liver, kidneys, and blood, such as 
indigestion, dyspepsia, * * * piles, catarrh of the stomach, rheumatism, 
nervous, run-down system, weak back, pains throughout the body, blind or 
dizzy spells, loss of appetite, etc. * * * It is a good preparation for all 
such troubles and complaints such as indigestion * * * nervous run-down 
condition, weak back, pains through the body, etc."
On December 13, 1930, 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.
ABTHTJB TM. HYDE, Secretary of Agriculture.