10171. Adulteration and Misbranding of I-Heal-I-Tone and misbranding of Shapley's vegetable prescription, Sbapley's liver tonic, I-Heal- I-Tone, Sbapley's Derol, Unguentum Campboratum, and Sbapley's Tonup. U. S. v. 47 Packages of Shapley's Vegetable Prescription, et al. Default decrees of condemnation, forfeiture, and destruc- tion. (F. & D. Nos. 26951, 26952, 26953, 26974, 26975. I. S. Nos. 25547, 25548, 25549, 35707, 35708. S. Nos. 5133, 5181.) Examination of Shapley's vegetable prescription, Shapley's liver tonic, I-Heal- I-Tone, Shapley's Derol, Unguentum Camphoratum, and Shapley's Tonup showed that the labeling of the articles bore statements representing that they possessed curative and therapeutic properties which in fact they did not possess. Shapley's Tonup contained less alcohol than declared on the label, and the I-Heal-I-Tone was represented to be antiseptic, whereas it was not. On September 11 and 17, 1931, the United States attorney for the Western District of Missouri, acting upon reports by the Secretary of Agriculture, filed in the District Court of the United States for the district aforesaid libels pray-, ing seizure and condemnaton of 47 packages of Shapley's vegetable prescription (each package also containing a sample of Shapley's liver tonic contained in an envelope), 23 large and 22 small boxes of I-Heal-I-Tone, 48 packages of Shap- ley's Derol, 2% dozen jars of Unguentum Camphoratum, and 6 dozen bottles of Shapley's Tonup, remaining in the original unbroken packages at Kansas City, Mo., alleging that the articles had been shipped by Shapley Drug Co. (Inc.), of Deland, Ill., from Decatur, Ill., in part on or about June 2, 1931, and in part on or about August 20, 1931, and had been transported from the State of Illinois into the State of Missouri, and charging adulteration and Misbranding of the I-Heal-I-Tone, and Misbranding of the remaining products in violation of the food and drugs act as amended. Analysis by this department of a sample of I-Heal-I-Tone showed that it consisted essentially of borax, zinc sulphate, and a trace of thymol. Bacterio- logical examination showed that the product was not antiseptic. Analysis by this department of a sample of Shapley's vegetable prescription showed that it consisted essentially of extracts of plant drugs including valerian, alcohol (14.3 per cent by volume), sugar, and water. Examination by this department of a sample of Shapley's liver tonic showed that it consisted of pills containing phenolphthalein. Analysis by this department of a sample of Shapley's Derol showed that it consisted of mineral oil and volatile oils including menthol and eucalyptol. Analysis by this department of a sample of the Unguentum Cam- phoratum showed that it consisted essentially of volatile oils (4.1 per cent) including camphor and menthol incorporated in petrolatum. Analysis by this department of a sample of Shapley's Tonup showed that it consisted essentially of extracts of plant drugs including a laxative drug, small proportions of calcium, magnesium, and phosphorus compounds, water, and 5.3 per cent of alcohol. Adulteration of the I-Heal-I-Tone was alleged for the reason that it was sold under the following standard of strength, "Antiseptic," whereas the strength of the said article fell below such professed standard, in that it was not antiseptic. Misbranding of Shapley's Tonup was alleged for the reason that the statement appearing in the labeling, "Alcohol 10%," was false and misleading when ap- plied to an article containing a less amount; and for the further reason that the package failed to bear a statement on the label of the quantity or propor- tion of alcohol contained in the article, since the declaration of alcohol was incorrect. Misbranding of all of the articles was alleged for the reason that the following statements regarding the curative or therapeutic effects were false and fraudulent, since the said articles contained no ingredients or com- binations of ingredients capable of producing the effects claimed: (Shapley's vegetable prescription, carton and bottle label) " Recommended as a Tonic, Regulator and Invigorator to the Female OrKans. It is especially recom- mended for Painful and Suppressed Menses, Cramps, Sickness, Faint Spells, Nervousness, Flooding and the various Distressing Symptoms of Change of Life. Directions * * * When pains are severe it can be taken every hour. This remedy has also proven itself wonderfully efficient for the many peculiar and distressing symptoms of ' Change of Life.' When using for this purpose take it regularly 1 teaspoonful in % glass of hot water 4 times a day," (Shapley's liver tonic, sample envelope inclosed in package with Shapley's veg- etable prescription) " Liver Tonic * * * We believe this to be the very best conceivable prescription for a Liver Tonic and System Cleanser;" (Shapley's Derol, carton and bottle) " Useful in the treatment of Sinus trouble * * * Catarrh, Tonsilitis, and various Nose & Throat Troubles. For Sinus, Nose or Head Trouble, use with Atomizer or Medicine Dropper. For Throat or Tonsils, use with Atomizer 3 or 4 times daily;" (I-Heal-I-Tone, carton) "Use I-Heal-I- Tone as follows Catarrh * * * Wounds, Boils, or Abscesses * * * Sore Throat, Tonsilitis, Quinsy, Etc: Gargle Hot Strong Solution frequently. * * * I-Heal-I-Tone will be found very efficient in all Skin Troubles, Eczema * * * Etc, * * * Leucorrhoea or Whites, Vaginitis * * * and all Vaginal discharges. Two teaspoonfuls to a pint of warm water, injected twice a day until discharge ceases;" (Unguentum Camphoratum, carton) "Unguen- tum Camphoratum * * * A valuable remedy for catarrh, hay fever, * * * earache, * * * headache, * * * Spanish influenza, croup, etc.;" (bottle) " Unguentum Camphoratum * * * A valuable remedy for Ca- tarrh, Hay Fever, * * * Headache, Earache * * * Spanish Influenza, Croup, etc.;" (Shapley's Tonup, carton) "Tonup * * * Recommended as a * * * Regulator and Invigorator to the Human System. * * * have a Tonic and Cleansing Action upon the Blood, Liver, Bowels, etc. Therefore Tonup is Recommended for * * * Loss of Strength, Fatigue, Malarial Conditions, General Debility, Liver and Bowel Disorders. Valuable in Ane- mia, Exhaustion from Overwork, Nervousness and Weakness. An Excellent Reconstructive Tonic;" (Shapley's Tonup, bottle) "Tonup * * * Rec- ommended as a Regulator and Invigorator to the Human System. * * * have a Tonic and Cleansing Action upon the Blood, Liver, Bowels, etc. There- fore Tonup is Recommended for * * * Loss of Strength, Fatigue, Ma- larial Conditions, General Debility, Liver and Bowel Disorders. Valuable in Anemia, Exhaustion from Overwork, Nervousness and Weakness. An Excellent Reconstructive Tonic." On December 14, 1931, no claimant having appeared for the property, judg- ments of condemnation and forfeiture were entered, and it was ordered by the court that the products be destroyed by the United States marshal. ARTHUR M. HYDE, Secretary of Agriculture.