21194. Misbranding of Fosfarslnol. TJ. S. v. One Hundred and Twenty 
6-Ounce Packages and Sixty 12-Ounce Packages of Fosfarslnol. 
Default   decree    of   condemnation,   forfeiture,   and   destruction.
(F. & D. no. 30391.    Sample nos. 7880-A, 7881-A.)
This case involved a drug preparation, known as Fosfarsinol, which was 
being offered for sale and sold in Puerto Rico. Examination showed that the 
article contained no ingredient or combination of ingredients capable of pro- 
ducing certain curative and therapeutic effects claimed in the circulars and 
on the carton labels of a portion.
On May 9, 1933, the United States attorney for the District of Puerto Rico, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of one hundred and twenty 6-ounce 
packages and sixty 12-ounce packages of Fosfarsinol, alleging that the article 
was in possession of J. M. Blanco, Inc., at San Juan, P.R., and that it was 
misbranded in violation of the Food and Drugs Act as amended. The article 
was labeled in part: " Fosfarsinol * * * The American Tropical Remedy 
Co.    San Juan, Porto Rico."
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of arsenic, strychnine, calcium and phosphorus compounds, 
extracts of plant drugs including wild cherry, alcohol, sugar, glycerin, and 
water.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding its curative and therapeutic effects, appearing in 
tho labeling of the article, were false and fraudulent:  (Circular, both sizes)
" Reconstituent of the"Brain and Nerves, a real food for the nerve cells, which 
it nourishes   *   *   *   repairs the organic waste acting as an energetic vitalizing
* * * agent for all the tissues. * * * The scientific investigations car- 
ried on long ago in the field of biological chemistry by the wise professors 
Dujardin Beaumetz, Bunge and others proved without any doubt that the 
mineral elements used in the process of nutrition when they are prescribed in 
their pure mineral form are not absorbed, and therefore, the organism cannot 
make use of them. Dujardin Beaumetz called the attention to this important 
fact in connection with the administration of phosphates that in those early 
days were prescribed in a rutinary [routine] way. This treatment must have 
been useless due to the lack of assimilation of the mineral phosphates, as we 
have indicated. Bunge has proven that the mineral substances that take part 
in the organic synthesis cannot be used by the human organism unless they 
assume an organic form; that is, unless they have been previously prepared by 
a living organism. From this point of view, the glycerophosphates offer many 
advantages. Their chemical composition are perfectly defined, and contain 
the same as the natural phosphates, phosphorus in an organic form, therefore, 
being completely assimilable and absorbed by the organism. They are there- 
fore, the real cellular nutrients, exercising a stimulant and vitalizing action 
over the tissues; but especially over the nervous and osseous systems. This 
property, because of the easy way in which they are absorbed and used, and 
because of the complete absence of all toxic and noxious action when they are 
pure, explain and justify the success that always accompany the use of these 
products. Arrhenal (disodic methylarsenate) is a therapeutic agent of great 
importance. It stimulates and regulates the metabolism in a notable manner. 
All the arsenical derivatives, more or less possess in common this property; 
but arrhenal possesses the valuable advantage that its therapeutic action is not 
followed by a toxic tendency, as it happens with the mineral compounds of 
arsenic, and even in certain cases, with sodium cacodylate when it is adminis- 
tered by the mouth. In the therapeutic indications of pretuberculosis, when 
the index of organic mineralization has diminished in a notable manner, and 
when the tissues are exhausted and lacking vitality, therefore, their defensive 
powers being weak and exposed to be annulled by the invasion of Bacillus 
Koch, arrhenal has proven to be the therapeutic agent of more confidence to 
the physician. Even in certain cases of moderately advanced tuberculosis, 
according to the testimonies of Doctors A. Robin and A. Gautier of France, the 
appetite and strength reappear, sleep turns out normal, diminishes the cough 
and nocturnal dypsnea, and increases the weight of the patient. Strychnine is 
the most powerful tonic of the vegetable kingdom. Its stimulant action over 
the nervous system has been compared by numerous clinics with that obtained 
with the galvanic current. It is a great stimulant of the circulation and 
breathing, extensively used in the functional diseases of the nerves, in atonic 
dyspepsia, functional paralysis, impotency, muscular atrophy, tissue relaxation, 
amaurosis, asthenia, etc. The combined therapeutic action of these powerful 
medicinal agents that occupy first place in the Materia Medica, is what we 
here present to the medical profession in the form of an agreeable elixir under 
the name of Fosfarsinol. Fosfarsinol is, therefore, a powerful tonic and gen- 
eral vitalizing agent that acts by stimulating the cellular metabolism. Stops 
and repairs the organic waste, tonifying all the tissues of the organism; but 
with special action over the osseous and nervous systems. Forfarsinol is there- 
fore, indicated in all forms of Neurasthenia, Pretuberculosis, Osteomacia, 
Rickets, Hysteria, Epilepsy, Impotency, Premature old age, and in all such dis- 
eases that are due to a weak or exhaustive condition of the nerves and brain "; 
(carton, large size only) " For the brain and nerves, a real food for the nerve 
cells which it nourishes. * * * Repairs and stops the organic waste, acting as 
an energetic reconstituent of the cells. Its use is indicated in the diverse forms 
of Neurasthenia, caused by intense dismineralization, in Neuroanemia, Phos- 
phaturia, Diabetes, Epilepsy, Hysteria, Rickets, Sexual Debility (Impotency), 
Osteomalacia, Premature Breakdown and in all cases of General Debility.
* *   *   reconstituent for the brain and nerves."
On June 12, 1933, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.