18481. Misbranding of Dr. Wagner's tonic and stomacbic. U. S. v. 120 
Bottles of Dr. Wagrner's Tonic and Stomachic. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. No. 25980. 
I. S. No. 20611.    S. No. 4226.)
Examination of a drug product, known as Dr. Wagner's tonic and stomachic, 
from the shipments herein described having shown that the carton label and the 
accompanying circular bore statements representing that the article possessed 
curative and therapeutic properties which it did not possess, also that it con- 
rained less alcohol than declared on the carton and bottle labels, the Secretary 
of Agriculture reported the matter to the United States attorney for the 
Southern District of Indiana.
On March 6, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
ration of 120 bottles of Dr. Wagner's tonic and stomachic, remaining in the 
original unbroken packages at Indianapolis, Ind., alleging that the article had 
been shipped by A. L. Wagner & Co., North Chicago, Ill., on or about January 
23 and January 24, 1931, and had been transported from the State of Illinois 
into the State of Indiana, and charging misbranding in violation of the food 
and drugs act.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of extracts of bitter plant drugs, glycerin, alcohol (19.75 per 
cent by volume), and water.
It was alleged in the libel that the article was misbranded in that the state- 
ment on the carton and bottle labels, " Contains 25% Alcohol by Volume," and 
on the bottle label, " Guaranteed under the Pure Food and Drugs Act June 30, 
1906, Serial Number 32329," were false and misleading. Misbranding was 
alleged for the further reason that the package failed to bear a statement on 
the label of the quantity or proportion of alcohol contained in the article, since 
the statement made was not correct. Misbranding was alleged for the further 
reason that the following statements regarding the curative or therapeutic 
effects of the article, were false and fraudulent, since it contained no ingredient 
or combination of ingredients capable of producing the effects claimed: (Car- 
ton) "Health Builder;" (circular) "Stomach bothering you? * * * By 
taking Dr. Wagner's Stomach Tonic according to directions, men and women 
will benefit, be stronger, and more able to resist a breakdown from overwork 
and advancing age. Women report ' am looking younger every day'-' I feel 
like a new woman.' Don't fool with indigestion. Its results are often serious 
and sometimes fatal. Cramps, Headache, Dizziness, Sleeplessness are nature's 
warnings. It is always better to take care of Indigestion caused by insufficient 
gastric juices at once, rather than neglect it Don't continue to suffer when 
relief can be had so easily. Let this famous remedy help you. * * * has 
given beneficial results to thousands who have suffered ill health. Indigestion 
is one of the most common as well as one of the most serious ailments of 
American people. Do Not Neglect Stomach Trouble. * * * A reconstruc- 
tive metabolic Stomach Aid, Rejuvenator and * * * recommended for nurs- 
ing mothers, convalescents and persons afflicted with insomnia, flu, coughs, 
* * * dyspepsia and loss of appetite. Aids digestion. Gives you tone, 
health and vigor, enriches the blood, restores strength, builds up the system 
generally. * * * is especially indicated for those anemic conditions of the 
system accompanying loss of weight, poor appetite, lack of energy and general 
run-down feeling."
On June 13, 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 Agriculture,