18087. Misbranding of Dr. Bennett's New Life.    TJ.  S. v. 30 Bottles of Dr. 
Bennett's New Life.    Default decree of condemnation, forfeiture, i 
and destruction.    (F. & D. No. 25520.    I. S. No. 9325.    S. No. 3790.)
Examination of a sample of a drug product, known as Dr. Bennett's New 
Life, from the shipment herein described having shown that it was represented 
to be a vegetable compound, whereas it contained magnesium sulphate (Epsom 
salts), a mineral drug, and that the carton and bottle labels bore statements- 
representing that the article possessed curative and therapeutic properties which 
it did not, the Secretary of Agriculture reported the matter to the United States 
attorney for the District of Maryland.
On or about December 19, 1930, the United States attorney filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 30 bottles of Dr. Bennett's New Life, remaining in 
the original unbroken packages at Baltimore, Md., alleging that the article had 
been shipped by the Bennett Medicine Co., from Norfolk, Va., on or about 
May 31, 1920 (1930), and had been transported from the State of Virginia into 
the State of Maryland, 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 magnesium sulphate, iron chloride, small proportions of 
extracts of plant drugs including podophyllum, rhubarb, and leptandra, traces 
of salicylic acid and methyl salicylate, and water (approximately 91 per cent).
It was alleged in the libel that the article was misbranded in that the 
following statements appearing on the labeling of the product were false and 
misleading, in view of the presence of magnesium sulphate as an ingredient of 
the preparation: (Carton) "Select Vegetable Remedies used in this Formula.
* * * Made from Selected Vegetable Remedies. Iron Compound Added. The 
proper combination of Roots, Barks, Leaves and whole drugs of the following 
vegetable remedies have been used in this medicine. They are Cascara Sagrada, 
Iris Versacolor, Stillingia, Gentian Leptandrin, Rheubarb, Podophillin and 
Spanish Licorice. * * * Being purely vegetable;" (bottle) "Iron and 
Plant Compound." Misbranding was alleged for the further reason that the 
following statements regarding the curative or therapeutic effects of the article, 
appearing on the labeling, were false and fraudulent, since the article contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Carton) "This Medicine is Useful in the Treatment of Diseases of 
the Stomach, Liver and Kidneys. A Good Remedy to Expel Stomach or Intesti- 
nal Worms. * * * Some of the Remedies Used in Making Dr. BennPtt's 
New Life-with Iron, and Their Use. Gentian. Uses:-A remedy in atony 
of the Stomach and Bowels with feeble or slow digestion, malarial poisoning. 
Leptandra. Uses:-Improves the function of the gastro-intestinal mucous 
tract. Liver torpor and remittent and intermittent fever. Stillingia. Uses:- 
As a remedy in chronic sore throat, alterative and antisyphilitic; stimulates 
organs of secretion and excretion. Iris Versicolor. Uses:-Stimulates the 
Liver * * *. improves nutrition. Alterative in so called blood diseases. 
Podophyllin. Uses: * * * stimulant to the digestive tract; in * * * 
rheumatism, scrofula, billious fever. Rhubarb. Uses:-To relieve irritation 
of the stomach and intestinal canal, catarrhal conditions due to mucous atony.
* *    *   used  in  treating  Catarrh,   Indigestion   or  Dyspepsia,   Billiousness,.
* * * Rheumatism, Kidney and Bladder Troubles, Scrofula and so-called 
Blood Diseases, Chills, Fever, Ague, Nervousness, Male and Female Weakness 
and Female Complaints. This medicine has given very satisfactory results for 
children who are restless and nervous. In many of these cases Worms,. 
Impurities and Disease Germs are the true cause of the trouble. In many 
cases two doses has been sufficient to expel these parasites. * * * it may 
betaken * * * with good results in many disorders;" (bottle) "A Valuable 
Medicine in the Treatment of Blood Diseases, Stomach and Liver Difficulties 
Such as Dyspepsia, Billiousnesss, Nervousness, Catarrh, Liver Complaints,. 
Rheumatism, Enlargement of the Liver and Diseases of the Kidneys."
On February 21,1931, 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.
ABTHUB M. HYDE, Secretary of Agrioultwre.