21220. Misbranding of Alberty's  Antl-Dlabetlc  Vegetable  Compound  cap¬
sules. V. S. v. 172 Boxes of Alberty's Antl-Dlabetlc Vegetable 
Compound Capsules. Decree of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. no. 30538. 
Sample nos. 38255-A, 38256-A.)
Examination of the drug preparation involved in this case disclosed that 
it contained no ingredients or combination of ingredients which would justify 
the therapeutic claim that it was "Anti-Diabetic."
On May 29, 1933, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 172 boxes of 
Alberty's Anti-Diabetic Vegetable Compound Capsules at Philadelphia, Pa., 
alleging that the article had been shipped in interstate commerce, on or about 
October 21 and November 1, 1932, by U. S. Okey, from Hollywood, Calif., 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: "Alberty's Anti-Diabetic Vegetable Compound 
Capsules * * * The Alberty Food Laboratories * * * Hollywood, 
Calif."
Analysis of a sample of the article by this Department showed that it 
consisted essentially of powdered plant materials.
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, "Anti-Diabetic ", was a statement regarding the curative or 
therapeutic effect of the article and was false and fraudulent.
On June 8,1933, Thomas Martindale & Co., Philadelphia, Pa., having appeared 
as claimant for the property, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be released to the 
claimant upon payment of costs and the execution of a bond in the sum of 
$258, conditioned that it be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.