18651. Misbranding of Maxey's vegetable tonic and Maxey's One Minute 
liniment. IT. S. v. 1% Gross of Maxey's Vegetable Tonic, et al. De- 
fault decree of condemnation, forfeiture, and destruction. * (F. &
D. Nos. 25664, 25665.    I. S. Nos. 14423, 14424.    S. No. 3929.)
Examination of samples of Maxey's vegetable tonic and Maxey's One Minute
liniment having shown that the labeling contained statements representing that
the articles possessed curative and therapeutic properties which they did not
possess, the Secretary of Agriculture reported to the United States attorney for
* *e Western District of South Carolina that certain quantities of the products
~sere located at Spartanburg, S. C.
On January 17, 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 1% gross of Maxey's vegetable tonic and 195 bottles of Maxey's 
One Minute liniment at Spartanburg, S. C, alleging that the articles had been 
shipped by the Maxey Medicine Co., from "Winston-Salem, N. C, on or about 
March 22, 1929, and had been transported from the State of North Carolina 
into the State of South Carolina, and charging misbranding in violation of the 
food and drugs act as amended.
Analyses of samples of the articles by this department showed that Maxey's 
vegetable tonic consisted essentially of small proportions of caffeine, chloroform, 
and ammonium chloride, volatile oils including mustard oil, sassafras oil, aud 
clove oil, and water; and Maxey's One Minute liniment consisted essentially 
of chloroform, volatile oils including mustard oil, clove oil, and methyl salicylate, 
and water.
It was alleged in the libel that the articles were misbranded in that the 
following statements regarding the curative or therapeutic effects of the said 
articles, appearing in the labeling, were applied to the articles knowingly and 
in reckless and wanton disregard of their truth or falsity, so as to represent 
falsely and fraudulently to purchasers that they were in whole or in part 
composed of ingredients or medicinal agents effective in the diseases and con- 
ditions named therein, whereas the articles contained no ingredients or combina- 
tions of ingredients capable of producing the effects claimed: (Maxey's vegetable 
tonic, bottle) "For Indigestion, all Stomach and Bowel Troubles. Digests Food 
in Lower Bowels, preventing Fermentation. Purifies the blood and regulates 
the system. * * * where lining of stomach is inflamed from sores, abscesses 
or ulcers. * * ,r * Acts- Directly on the Stomach * * * Digests the 
Food * * * treatment prepared for conditions arising from the stomach 
such as indigestion, dyspepsia, heartburn, sour belching, acid stomach, * * * 
loss of appetite, nervous indigestion. Purifying the blood, eliminating the acids, 
, ~"nlaria and impurities that are in the blood and system;" (Maxey's vegetable 
-tv. 
,^cr"circular) " For cramps * * * Acute Indigestion * * * shou'd be 
' taken Several Days in the treatment of indigestion, or to purify the blood:" 
(Maxey's One Minute liniment, bottle) "Directions-For pains, apply to parts
affected. For pains in the back, side, joints, * * * Pyorrhea or disea;"". 
gums apply with cotton. Prevents Spanish Influenza, * * * Catarrh;" 
(Maxey's One Minute liniment, carton) "Relieves Headache, Toothache, Ear- 
ache, or Neuralgia * * * Relieves pains in back, sides, shoulders, arms or 
limbs * * * Rheumatism, pneumonia or pleurisy pains * * * Catarrh 
of the head * * * Pyorrhea or diseased gums. * * * will keep poison, 
inflammation and soreness. * * * Pyorrhea or Diseased Gums;" (Maxey's 
One Minute liniment, circular) "For Rheumatic Pains, Pneumonia Pains, 
Pains in or across Back, in the limbs or joints. * * * For Catarrh '* * * 
Headache. * * * For Headaches or Neuralgia * * * For Pyorrhea 
or Diseased Gums * * * For Rheumatism, Kidney and Back Trouble, also 
Female Trouble, remove pains, soreness, also stiffness with * * * A sure 
preventative of Spanish Influenza."
On June 24, 1931, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be destroyed by the United States marshal.
ABTHTTB M. HYDE, Secretary of Agriculture.