23017. Misbranding of Alberty's Organic Phosphate Pellets. V. S. "v. 40 
Dozen Packages and 00 Dozen Packages of Alberty's Organic 
Phosphate Pellets. Decrees of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. nos. 33109, 
33272.    Sample nos. 69243-A, 2607-B.)
These cases involved a drug preparation, the labels of which bore unwar- 
ranted curative and therapeutic claims.
On July 23, 1934, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 40 dozen pack- 
ages of Alberty's Organic Phosphate Pellets at Philadelphia, Pa. On or 
about August 24, 1934, a libel was filed in the Northern District of Illinois 
against 90 dozen packages of the same product at Chicago, Ill. It was alleged 
in the libels that the article had been shipped in interstate commerce, in part 
on or about September 26, 1933, by the Alberty Food Laboratories, and in part 
on or about February 17 and March 10, 1934, by U. S. Okey (a fictitious name 
used by the Alberty Food Laboratories) from Hollywood, Calif., and that it was 
misbranded in violation of the Food and Drugs Act as amended.
Analysis showed that the article consisted of calcium, iron, sodium, and 
potassium and phosphorus compounds incorporated in milk sugar.
The article was alleged to be misbranded in that the statements on the label, 
"An important essential in composition of nervous tissues ", and " These may 
be taken indefinitely with benefit", were false and fraudulent.
On August 17 and October 3, 1934, Thomas Martindale & Co., Philadelphia, 
Pa., and Adah Alberty trading as Alberty Food Laboratories, Hollywood, 
Calif., having appeared as claimants for the respective lots, judgments of con- 
demnation and forfeiture were entered, and it was ordered by the court that 
the product be released to the claimants upon payment of costs and the execu- 
tion of good and sufficient bonds, conditioned that it be relabeled under the 
supervision of this Department.
M. L. WILSON, Acting Secretary of Allure.