18499. Misbranding of Pbospborcin. U. S. v. 5 5/6 Dozen Bottles of Phos- 
phorcin. Default decree of condemnation, forfeiture, and de- 
struction.    (F. & D. No. 26189.    I. S. No. 15794.    S. No. 4479.)
Examination of a drug product, known as Phosphorcin, having shown 
that certain statements appearing in the accompanying circular represented 
that the article possessed curative and therapeutic properties which it did 
not possess, the Secretary of Agriculture reported to the United States attorney 
for the District of Massachusetts the interstate shipment herein described, 
involving a quanity of the product located at Boston, Mass.
On April 6, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 5% dozen bottles of Phosphorcin, remaining in the original, 
unbroken packages at Boston, Mass., alleging that the article had been shipped 
by Eimer & Amend, from New York, N. Y., on or about February 14, 1931, and. 
had been transported from the State of New York into the State of Massa-f 
chusetts, 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 calcium glycerophosphate, sodium glycerophosphate, phos- 
phoric acid, material derived from nux vomica, and glycerin.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing in the said circular, regarding the curative or 
therapeutic effects of the said article, were false and fraudulent, since it 
contained nq, ingredient or combination of ingredients capable of producing 
the effects claimed: "As a reconstructive tonic in all ailments of the nervous 
system; in Anemia, Chlorosis, Sexual Impotence and Debility, Phosphaturia, 
Athrepsia, Pellagra, Chronic Dyspepsia, Secondary Anemia, Menstrual Dis- 
turbances, Rachitis, Osteomalacia, General Debility * * * it is of excep- 
tional value in Diabetes, Albuminuria, Chronic Nephritis and General Paraly- 
sis. * * * While a deficiency of phosphorus is manifested by different 
pathological conditions in different individuals, generally speaking, this lack 
is soon followed by interrupted growth, a lessening in healthy nutrition, and 
a diminution of the number of red cells in the blood, which leads to various 
conditions, such as anemia, chlorosis, metabolic diseases, and many other 
asthenic forms which accompany lowered resistance and impaired nutrition 
and growth. * * * Phosphorcin is an elementary phosphorus of high as- 
similability. * * * Phosphorcin supplies a scientific method of adminis- 
tering phosphorus in a form that will be quickly absorbed, and properly as- 
similated by the body cells. * * * highly efficient one in the treatment 
of depressed conditions of the nervous system, as well as in the convalescent 
period following neurasthenia, influenza and other febrile diseases."
On May 14, 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.
ABTHTTR M. HTDB. Secretary of Agriculture.    ,