21563. Misbranding of   Yerbavida.    U.   S.   v.   30   Packages   of   Yerbavida.
Default    decree    of   condemnation,    forfeiture,    and    destruction.
(F. & D. no. 30749.    Sample no. 38150-A.)
Examination of the drug product involved in this case disclosed that it con- 
tained no ingredient capable of producing certain curative and therapeutic 
effects claimed in the labeling.
On July 20, 1933, the United States attorney for the Eastern District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 30 packages of 
Yerbavida at Philadelphia, Pa., alleging that the article had been shipped 
in interstate commerce on or about May 12, 1933, by the? Yerbavida Co., from 
Los Angeles, Calif., 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 Ephedra californdca.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding its curative and therapeutic effects, appearing on the 
package label and in a circular accompanying the article, were false and fraudu- 
lent; (Package) "Drink Your Way to Health * * * 'The Herb of 
Life' * * * Vitality! Youth! Beauty! Should begin to get results in 10 
to 30 days. * * * Effects should be noticed in case of stomach trouble 
the second day after using. * * * It is especially beneficial in the treat- 
ment of kidney, bladder and stomach disorders, and their accompanying ail- 
ments. For sound, refreshing sleep. * * * Glands Must Be Fresh and 
Active The Endocrine Glands are the Alchemists which transmute chemical 
elements into physical stamina and mental power. The vital organs must be 
supplied with the all-important glandular hormones. Premature old age, dis- 
ease, low vitality, fatigue—are the result of endocrine glands that have be- 
come sluggish. If you are showing signs of old age; if you are losing your 
buoyancy—your charm—personality—your manly vigor or your feminine mag- 
netism—Begin To Drink Yerbavida! Prolonged acidity results in stomach, 
liver and bladder disorders—inflammation—ulcers * * * headaches * * * 
uric acid in the blood * * * constipation * * * and general fatigue, 
The Endocrine Glands cease to function properly and thus comes bodily decay 
and premature old age", (circular) "Vitality * * * Youth Beauty * * * 
The several thousand diseases of mankind may be reduced to either of two 
conditions—excessive acidity, or extreme alkalinity. * * * to counteract 
excessive acidity in the blood, and to aid Nature in restoring the balance in a 
natural manner.   It is said that prolonged acidity results in 97% of the ills
that afflict mankind. Yerbavida is sold under * * * to relieve even the 
most stubborn cases of over-acidity. * * * plant of Life. * * * When- 
ever these people were afflicted with stomach, kidney, bladder' and other kin- 
dred troubles, they resorted to this kindly plant * * * For general nerv- 
ousness and insomnia * * * This will insure you a night of restful sleep. 
*    *    *    For sound, refreshing sleep."
On September 5, 1933, no claimant having appeared for the property, judg- 
ment 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.