23018. Misbranding of Alberty's Spleen and Iron Tablets and adulteration 
and misbranding of Alberty's Hemoglobin Tonic. U. S. v. 45 
Dozen Packages of Alberty's Spleen and Iron Tablets, et al. De- 
crees of condemnation and forfeiture. Products released nnder 
bond to be relabeled. (F. & D. nos. 33110, 33112. Sample nos. 69244-A, 
69246-A.)
Examination of the preparations involved in these cases showed that they 
differed from the composition claimed.
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 libels praying seizure and condemnation of 43 dozen packages 
of Alberty's Spleen and Iron Tablets, and 7 dozen packages of Alberty's Hemo- 
globin Tonic at Philadelphia, Pa., alleging that the articles had been shipped 
in interstate commerce, in various lots between the dates of December 16, 1933,
and March 25, 1934, by U. S. Okey (a fictitious name used by Alberty Food 
Laboratories), from Hollywood, Calif., and charging Misbranding of the former, 
and adulteration and misbranding of the latter, in violation of the Food and 
Drugs Act.
Analyses showed that the Spleen and Iron Tablets consisted essentially of 
metallic iron, a fishy oil, compounds of calcium and phosphorus, protein sub- 
stances and material of vegetable origin including berberine, and that the 
Hemoglobin Tonic consisted essentially of protein substances, material derived 
from plant drugs including nux vomica, and compounds of calcium and 
phosphorus.
The Hemoglobin Tonic was alleged to be adulterated in that its strength 
and purity fell below the professed standard or quality under which it was 
sold, namely : (Wrapper) " Hemoblobin Tonic " ; (carton) " This Tonic is Com- 
posed of Anima^p^xtracts, Hemoglobin, Spleen substances, Pancreas and 
Spermin from the Interstitial Cells of Leydig and Neucleinic Acid from Wheat."
Misbranding of the Spleen and Iron Tablets was alleged for the reason that 
the designation of the article, " Spleen and Iron Tablets ", and the statement 
on the carton, " Contains Actual Spleen Substance, Iron etc.", were false and 
misleading, in view of the actual composition of the article. Misbranding of 
the Hemoglobin Tonic was alleged for the reason that the statements (wrap- 
per) "Hemoglobin Tonic", and (carton) "This Tonic is Composed of Animal 
Extracts, Hemoglobin, Spleen Substances, Pancreas and Spermin from the 
Interstitial Cells of Leydig and Neucleinic Acid from Wheat", were false and 
misleading, in view of the actual composition of the article.
On August 17, 1934, Thomas Martindale & Co., Philadelphia, Pa., having 
appeared as claimant, judgments of condemnation and forfeiture were en- 
tered, and it was ordered that the products be released to the claimant upon 
payment of costs and the execution of bonds totaling $700, conditioned that 
they be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.