21206. Misbranding of   Yob-I-Ana  Dnlce.     U.   S.   v.   426  Packages   and   53
Packages   of   Yob-I-Ana.      Default   decree   of   condemnation   and 
destruction.     (F. & D. nos. 29942, 30469.     Sample nos. S4089-A, 35379-A.)
Examination of the drug preparation, Yob-I-Ana Dulce, disclosed that it 
contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed on the carton labels and in 
the leaflets and testimonials shipped with the article.
On March 16, 1933, the United States attorney for the Eastern District of 
Arkansas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 426 packages of 
Yob-I-Ana at Little Rock, Ark. On May 19, 1933, the United States attorney 
for the Western District of Louisiana, filed a libel against 53 packages of 
Yob-I-Ana at Shreveport, La. It was alleged in the libels that the article had 
been shipped in interstate commerce by the Dulce Laboratories from Dallas, 
Tex., in part on or about February 25, 1933, and in part on or about March 14, 
1933, and that it was misbranded 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 petrolatum, small proportions of volatile oils such as cit- 
ronella oils and peppermint oil, and a rubifacient such as red pepper extract 
It was alleged in the libel filed in the Eastern District of Arkansas, that 
the article was misbranded in that the following statements regarding its 
curative or therapeutic effects were false and fraudulent: (Carton) "The Old 
Young * * * The Young Stronger * * * relief of Impotency"; (car- 
ton leaflet) " Increasing Masculine Vitality. * * * Strengthening of Mas- 
culine Vitality."
Misbranding was charged in the libel filed in the Western District of Louis- 
iana, for the reason that the following statements regarding the curative and 
therapeutic effect of the article were false and fraudulent: (Carton leaflet) 
"An Immediate Aid to the Belief of Impotency, or for Increasing Masculine 
Vitality A Stimulant, Immediate in Its Effect * * * Directions: Several 
minutes beforehand or upon retiring, apply the contents of one white capsule 
to the regenerative organs, massaging well into the skin. Further applications 
from white capsules may be made as often as desired or found necessary, 
but never until the sensations created by the first have completely disappeared. 
Doubly effective results may be obtained by application of the special Yobiana 
ointment in the pink capsule six to eight hours beforehand, continuing with 
use of white capsules as described above"; (leaflet) "Aid to the Belief of 
Impotency and the Strengthening of Masculine Vitality Immediate In Its 
Effect The Old Young The Young Stronger * * * immediate aid in the 
relief of impotency. * * * The description of the product on the outer 
wrapper, as well as the directions for its use, are expressed in language best 
intended to describe its purposes and yet relieve it of all suggestiveness or 
vulgarity. The salesman will be glad to explain in terms best suited to each 
particular case the merits of his product. * * * effective for adults of any 
age. * * * when directions are carefully followed should produce results 
equal to your greatest expectations."
On June 12 and July 25, 1933, no claimant having appeared for the property, 
judgments of condemnation were 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.