19047. Misbranding of Pancreobismuth and pepsin. V. S. v. 12 Dozen 
Bottles of Pancreobfsmuth and Pepsin. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 26918. I. S. No. 
30450.     S. No. 5098.)
Examination of a drug product, known as Pancreobismuth and pepsin, from 
the shipment herein described showed that the bottle and carton labels and 
accompanying circular bore statements representing that the article possessed 
curative and therapeutic properties which it did not possess. The labeling fur- 
ther represented that the article contained appreciable quantities of pancreatin 
and diastase, whereas it contained but a negligible proportion of such sub- 
stances.
On August 28, 1931, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 12 dozen bottles of Pancreobismuth and pepsin, 
remaining in the original unbroken packages at Brooklyn, N. Y., alleging that 
the article had been shipped by the George C. Frye Co., from Portland, Me., on 
or about June 30, 1931, and had been transported from the State of Maine into 
the State of New York, 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- 
tained a bismuth compound, sodium bicarbonate, a proteolytic enzyme such as 
pepsin, ginger, and a small proportion of an amylolytic agent such as pancreatin 
or diastase. It was capable of digesting not more than two-thirds of its weight 
of starch within five minutes at 40° C.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing on the bottle and carton labels and in the accompany- 
ing circular, regarding the curative and therapeutic effects of the said article, 
were false and fraudulent, since it contained no ingredient or combination of 
ingredients capable of producing the effects claimed: (Bottle) "A Valuable 
Remedy for Dyspepsia;" (carton) "This preparation will be found especially 
adapted to cases of Dyspepsia, and a valuable remedy in Cholera Infantum, 
Cholera Morbus, and Diarrhoea. * * * Dose: * * * impaired digestion 
the dose may be increased to one teaspoonful.    *    *    *   A valuable remedy
for * * * Sick Headache and Sea Sickness which are to a great degree, 
due to indigestion;" (circular) "A valuable remedy for indigestion * * * 
Not only will Pancreobismuth relieve indigestion but in many cases it will pre- 
vent disorders of the intestinal tract. It is equally resultful for Sick Head- 
ache, * * * Diarrhoea, Baby Colic (Cholera Infantum) and Seasickness." 
Misbranding was further alleged for the reason that the name of the article, 
"Pancreobismuth and Pepsin," the statement on the carton and bottle label, 
"A combination of the digestive ferments Pepsin, Pancreatin, and Diastase," and 
the statement on the carton, " Pancreatine converts albuminoids into peptones, 
starch into dextrine and sugar," were misleading, since the article contained 
but a negligible proportion of pancreatin and/or diastase.
On October 5, 1931, no claimant having appeared for the product, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
AETHUB M. HYDE, Secretary of Agriculture.