22342. Misbranding of Tonic Hypophosphites Compound.    IT.  S. v. 23 Bot¬
tles of Tonic Hypophosphites Compound. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. no. 32074. Sample 
nos. 33297-A, 50653-A.)
Examination of the drug preparation involved in this case showed that it 
contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling.
On March 4, 1934, 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 23 bottles of Tonie 
Hypophosphites Compound at Dallas, Tex., alleging that the article had been 
shipped in interstate commerce, on or about January 10 and January 30, 1934, 
by Penslar Co., Inc., from St. Louis, Mo., 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 calcium, potassium, iron, manganese, quinine and strychnine 
salts, principally hypophosphites, sugar, 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 curative
and therapeutic effects of the article, were false and fraudulent:   (Bottle) 
" Serviceable in the treatment of weakness, run-down conditions " ; (carton) " In 
the treatment of weak, run-down conditions of the System."
On May 28, 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. D. WILSON, Acting Secretary of Agriculture.