19162. Misbranding of Walker's  Old Indian health tonic.    U. S. V. 6 7/12
Dozen1 Bottles of Walker's Old Indian Health Tonic.    Default de- 
cree   of  condemnation,  forfeiture,  and   destruction.     (F.  & D.   No.
26971.    I. S. No. 26768.    S. No. 4933.)
Examination of Walker's Old Indian health tonic from the shipment herein 
described having shown that the labeling bore statements representing that 
the article possessed curative and therapeutic properties which it did not 
possess, the Secretary of Agriculture reported the matter to the United States 
attorney for the Middle District of Alabama.
On September 15, 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 6 and 7/12 dozen bottles of Walker's Old Indian health tonic at 
Montgomery, Ala., alleging that the article had been shipped by Walker Medi- 
cine Co., from Atlanta, Ga., on or about April 7, 1930, and had been trans- 
ported from the State of Georgia into the State of Alabama, 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 magnesium sulphate (26.5 grams per 100 milliliters), 
ferric chloride (1.2 grams per 100 milliliters), quinine sulphate (0.07 gram 
per 100 milliliters), and water.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing on the bottle label, regarding the curative or 
therapeutic effects of the said article, were false and fraudulent, since it con- 
tained no ingredient or combination of ingredients capable of producing the 
effects claimed: "Walker's Old Indian Health Tonic, The Unfailing Remedy 
for Laziness and a Drowsy, Tired, Sleepy Feeling. For indigestion, Dizziness, 
Sick Headache, Numbness or Chills, Kidney or Bladder Troubles, * * * 
Piles, Jaundice, Dropsy, * * * Weakness, Tired Feeling, Stimulates and 
Purifies the Blood."
On December 17, 1931, no claimant having appeared for the property, judg- 
ment 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.