22325. Misbranding of Nu-Vim. TF. S. v. 30 Bottles of Nu-Vim. Default decree of condemnation, forfeiture, and. destruction. (F. & D. no. 31063. Sample no. 49681-A.) Examination of Nu-Vim Tonic showed that it contained no ingredient or com- bination of ingredients capable of producing certain curative and therapeutic effects claimed in the labeling. The article contained undeclared alcohol. On September 11, 1933, the United States attorney for the Western District of Tennessee, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 30 bottles of Nu-Vim at Memphis, Tenn., alleging that the article had been shipped in inter- state commerce, on or about May 10,1933, by D. H. Browder, from Port Gibson, Miss., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: " Manufactured by Nu-Vim Chem- ical Company, Port Gibson, Miss." Analysis of a sample of the article by this Department showed that it con- sisted essentially of magnesium sulphate, an iron compound, an extract of a laxative plant drug (alcohol 1.7 percent), and water. It was alleged in the libel that the article was misbranded in that the follow- ing statements appearing on the carton and bottle labels, regarding the cura- tive and therapeutic effects of the article, were false and fraudulent: (Bottle) "Nu-Vim a Tonic and System Purifier Directions Adults one tablespoonful in water every two hours until bowels act well, then three times a day. Children in proportion to age"; (carton) "Nu-Vim A Tonic and System Purifier New Lease on Life Nu-Vim is highly recommended in the treatment of Chronic Constipation, Indigestion, Blood, Stomach, Kidney and Functional Disorders of the Liver System Builder Nu-Vim aids the natural digestive process through its prompt though gentle corrective action; bodily nourishment is de- rived through the proper assimilation of wholesome foods. Nu-Vim estab- lishes the regular and free movements of the bowels and is therefore looked upon as a Blood Medicine and System Purifier * * * Indigestion." Misbranding was alleged for the further reason that the package containing the article failed to bear a statement of the quantity or proportion of alcohol contained therein. On March 31, 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.