19361. Misbranding of  Pbospborcin.     U.   S.  v.  3%   Dozen  Bottles   of  Phos¬
phorcin.     Default  decree  of  condemnation   and   destruction.      (F.
& D. No. 26202.    I. S. No. 28254.    S. No. 4480.)
Examination of the drug product Phosphorcin, involved in this action, 
showed that the article contained no ingredient or combination of ingredients 
capable of producing certain curative and therapeutic effects claimed for it in 
the circular shipped with the said article.
On April 10, 1931, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of three and one-third dozen bottles of Phos- 
phorcin, remaining in the original unbroken packages at Pittsburgh, Pa., al- 
leging that the article had been shipped by Eimer & Amend, from New York, 
N. Y., in part on or about November 15, 1930, and in part on or about January 
23, 1931, and had been transported from the State of New York into the State
of  Pennsylvania,   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, glycerin, and water.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing in the circular, regarding the curative and thera- 
peutic effects of the said article, were false and fraudulent: (Circular) "As 
a reconstructive tonic in all ailments of the nervous system; in Anemia, Chlo- 
rosis, Sexual Impotence and Debility, Phosphaturia, Athrepsia, Pellagra, 
Chronic Dyspepsia, Secondary Anemia, Menstrual Disturbances, Rachitis, Oste- 
omalacia, General Debility * * * it is of exceptional value in Diabetes, 
Albuminuria, Chronic Nephritis and General Paralysis. * * * While a de- 
ficiency of phosphorus is manifested by different pathological conditions in 
different individuals, generally speaking, this lack is soon followed by inter- 
rupted growth, a lessening in healthy nutrition, and a diminution in the num- 
ber of red cells in the blood, which leads to various conditions, such as anemia, 
chlorosis, metabolic diseases, and many other asthenic forms which accom- 
pany lowered resistance and impaired nutrition and growth. * * * Phos- 
phorcin is an elementary phosphorus of high assimilability. * * * Phos- 
phorcin supplies a scientific method of administering phosphorus in a form that 
will be quickly absorbed and properly assimilated 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, influ- 
enza and other febrile diseases."
On June 5, 1931, no claimant having appeared for the property, judgment of 
condemnation was entered and it was ordered by the court that the product 
be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of Agriculture.