21217. Misbranding of  Apgo  Capsules.     U.   S.   v.  419 Boxes   of   Apgo   Cap¬
sules. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. no. 30475.    Sample no. 31889-A.)
Examination of the drug preparation Apgo capsules disclosed that the article 
contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the circular shipped with 
the article.
On May 19, 1933, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 419 boxes of Apgo 
capsules at Brooklyn, N.Y., alleging that the article had been shipped in 
interstate commerce on or about May 1, 1933, by Hance Bros. & White, Inc., 
from Philadelphia, Pa., 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 of capsules containing in each a pellet and an oily liquid. The pellets 
contained extracts of plant drugs including aloin. The liquid contained mix- 
tures of oils such as savin oil and parsley oil.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing in the labeling, regarding the curative or thera- 
peutic effects of the article, were false and fraudulent: (Circular) "Regulator, 
* * * for the Alleviation of Amenorrhae or Suppressed Menses In per- 
sistent Amenorrhae or menstrual irregularity caused by acute fibrile, systematic 
disease or other trouble accompanied by nervousness, pallor and lassitude, this 
remedy is of unsurpassed value at all times, working on the organs through the 
blood and nervous system in such a way as to produce the desired results with- 
out the least inconvenience to the patient. * * * give the most beneficial 
results, * * * The amount to be taken to bring about results depends 
entirely upon the condition and constitution of the patient, for while beneficial 
results may come from taking one-half to a full box, occasionally, in obstinate 
cases, it may take two or three boxes of the special capsules. In the treatment 
of all disturbances of the menstrual functions the patient must observe the fol- 
lowing: Directions For Special Treatment * * * Active treatment should 
begin four or five days before the regular time for the reappearance of the 
menstrual flow, so as to assist nature to bring about the desired results at /the 
normal time. * * * before the time for the regular period. * * * Take 
one capsule three times daily, one half hour before meals, commencing four or 
five days before the regular period and continue until the desired result is 
obtained. * * * you will have only yourself to blame if they are not as 
effective as they should be."
On June 30, 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.