19483. Misbranding of Dr. Carey's Lifetone prescription and Dr. Carey's 
Marshroot laxative pills. U. S. v. 77 Packages of Dr. Carey's 
Lifetone   Prescription.     Default   decree   of   destruction   entered.
(F. & D. No. 27293.   I. S. No. 47083.    S. No. 5444.)
Examination of a shipment of a number of packages of a drug product, 
known as Dr. Carey's Lifetone prescription, each package containing a sample 
of Dr. Carey's Marshroot laxative pills, showed that the articles contained no 
ingredients or combinations of ingredients capable of producing certain curative 
and therapeutic effects claimed in the statements appearing in the labeling.
On November 25, 1931, the United States attorney for the Southern District 
of Mississippi, 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 77 packages of Dr. Carey's Lifetone prescription, 
each package containing a sample package of Dr. Carey's Marshroot laxative 
pills, remaining in the original unbroken packages at Vicksburg, Miss. It was 
alleged in the libel that the articles had been shipped in interstate commerce 
by the Gallagher Drug Co., from Dayton, Ohio, to Vicksburg, Miss., on or about 
January 22, 1931, and that they were misbranded in violation of the food and 
drugs act as amended.
Analyses by this department of samples of the articles showed that Dr. 
Carey's Lifetone prescription consisted of pills containing ferrous carbonate, 
strychnine, zinc phosphide, and juniper oil; and that the Marshroot laxative 
pills contained aloe and podophyllum extract.
Misbranding of the articles was alleged in the libel for the reason that the 
following statements regarding the curative and therapeutic effects of the said 
articles were false and fraudulent: (Lifetone prescription, bottle) " Lifetone; " 
(carton) "Lifetone * * * indicated in the treatment of General Debility, 
Weakness, Brain Fag and Weak Nerves * * * after severe illness when 
the strength and vitality is low * * * Lifetone * * * quickly over- 
comes physical or mental exhaustion replacing that heavy dull and tired feel- 
ing with buoyancy and a desire for action * * * Lifetone * * * assist 
nature to rebuild the rundown nervous system restoring strength and enriching 
the blood;" (laxative pills, envelope) "Sufferers from Kidney or Bladder 
Troubles who are bothered with   *   *   *   torpid liver."
On May 17, 1932, no claimant having appeared for the property, a decree was 
entered adjudging tbat the product should be condemned, and ordering that it 
be destroyed by the United States marshal.ARTHUR M. HYDE, Secretary of Agriculture.