21506. Misbranding of Alberty's Calcatlne and Alberty's Liver Cell Salts.
V. S. v. 20 Bottles of Alberty's Calcatlne and 16 Bottles of Al- 
berty Liver Cell Salts. Default decrees of condemnation and 
destruction.     (F. & D. nos. 30358, 30359.    Sample nos. 28839-A, 28840-A.)
Examination of the products involved in these cases disclosed that they 
contained no ingredients or combinations of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling.
On April 27, 1933, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme Court 
of the District of Columbia, holding a district court, libels praying seizure and 
condemnation of 20 bottles of Alberty's Calcatine and 16 bottles of Alberty's 
Liver Cell Salts at Washington, D.C., alleging that the articles had been 
shipped in interstate commerce, between the dates of December 28, 1932, and 
March 21, 1933, by Thomas Martindale & Co., from Philadelphia, Pa., into the 
District of Columbia, and charging misbranding in violation of the Food and 
Drugs Act as amended.
Analyses of samples of the articles by this Department showed that they 
consisted essentially of milk sugar.
It was alleged in the libels that the articles were misbranded in that the 
following statements appearing in the labeling, regarding the curative or 
therapeutic effects of the articles, were false and fraudulent: (Alberty's Cal- 
catine) "A Cell and Tissue Salts * * * Chief Remedy For The Growing 
Organism and For Correcting Constitutional Defects. Uses—Acidosis, indiges- 
tion, calcium starvation, diarrhea, brain irritation, teething children. A Tonic 
after acute diseases and for constitutional weaknesses, emaciation, bone dis- 
eases, scrofulous and tubercular tendencies"; (Alberty's Liver Cell Salts) 
"Liver Cell Salts For Malarial Disorders Biliousness and Diseases of the 
Liver Uric Acid Diathesis Uses—Ailments marked by excessive secretions 
of bile and derangement of the liver, gravel, sand in the urine, biliousness, 
headache with vomiting of bile, bitter taste, diabetes, trouble arising from liv- 
ing in damp places, malaria, gout."
On October 18, 1933, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by 
the court that the products be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.