21823. Misbranding of Cly-Tone Tonic. U. S. v. 87 Bottles of Cly-Tone 
Tonic. Default decree of condemnation, forfeiture, and de- 
struction.    (F. & D. no. 31312.    Sample no. 56257-A.)
Examination of the drug preparation, Cly-Tone Tonic, disclosed that it con- 
tained no ingredient or combination of ingredients capable of producing, certain 
curative and therapeutic effects claimed in the labeling.
On November 8, 1933, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 87 bottles of Cly-Tone Tonic 
at Dallas, Tex., alleging that the article had been shipped in interstate com- 
merce on or about July 6, 1933, by L. Wilson, from Booneville, Miss., 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 essentially of Epsom salt, extracts of plant drugs, small proportions of 
salicylic acid and an iron compound, and water.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative and therapeutic effects of the article, ( 
appearing in the labeling, were false and fraudulent: (Carton and bottle) 
" Cly-Tone Tonic Made for Your Health * * * Cly-Tone is highly indicated in 
the treatment of Chronic Constipation, Indigestion, blood, Stomach, Kidney and 
Functional Disorders of the liver. * * * Indigestion * * * Cly-Tone first 
aid to health for the Stomach, Blood, Liver or Kidneys "; (circular) " Cly-Tone
* * * he had dizzy spells and couldn't sleep for nervousness and his appetite 
was gone.   He became weak and shaky and had shooting pains in his back.
* * * I couldn't let it run on like some do for a man has to be fit to hold this 
job. I was advised to take Cly-Tone. * * * I was nearly down and out. 
The first bottle convinced me. * * * I feel like a new man. * * * sick 
man. * * * my stomach went wrong. I had heavy burning pains in my 
stomach till I could hardly stand straight. Black spots came before my eyes. 
I couldn't eat or rest * * * I would be fagged out. * * * advised me to try 
Cly-Tone. * * * famous tonic. I took two bottles before I felt much benefit. 
Indigestion is the hardest thing in the world to cure. But I'm better now and 
I know I have the right medicine. I'm going to stick to Cly-Tone. It has 
saved my health. * * * with two bottles of Cly-Tone Iron Tonic made him 
as good a man at 60 as he was at 35 years. * * * Cly-Tone: The famous Iron 
tod Herb Tonic. * * * sure, * * * remedy for * * * liver and kidney 
trouble, indigestion and stomach trouble, impure blood, weak, nervous, run 
down system, sleeplessness, headache, backache, and stomach ache."
On January 8, 1934, 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.