24102. Misbranding of Herb-Nn  Tonic.    V.  S.  v.  S-M-S  Laboratories,  Inc.,
Helen Scbymanski, Edwin. B. Becker, and (Dr.) Peter B. Schyman. 
Pleas of guilty.    Fines, $50.     (F. & D. no. 33823.    Sample no. 56302-A.)
This case was based on an interstate shipment of a drug preparation which 
was misbranded because of unwarranted curative and therapeutic claims ap- 
pearing in the labeling.
On December 14, 1934, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the S-M-S Laboratories, Inc., Chicago, 
111., and Helen Schymanski, Edwin B. Becker, and (Dr.) Peter B. Schyman, 
officers of the corporation, alleging shipment by said defendants in violation of 
the Food and Drugs Act as amended, on or about June 27, 1933, from the 
State of Illinois into the State of Louisiana of a quantity of Herb-Nu Tonic 
which was misbranded.
Analysis showed that the article consisted essentially of extracts of plant 
drugs including a laxative drug, glycerin, and water.
be article was alleged to be misbranded in that certain statements regarding 
its curative and therapeutic effects, appearing on the bottle labels and cartons, 
falsely and fraudulently represented that it was effective as a tonic; and 
effective as an " all 'round tonic," cleanser, purifier, regulator, neutralizer, 
nourisher, and eliminator; effective to restore and retain health; effective to 
insure activity, enjoyment of life, vigor, and vim; effective as a preventative, 
treatment, remedy, and cure for a great many different ailments; effective to 
cure disease; effective as a remedy "of God and Nature"; effective as a 
remedy for sick people, young or old, middle-aged and elderly; effective to 
regulate, invigorate, purify, strengthen, and heal; effective as a treatment 
remedy, and cure for ailments of the stomach, kidney, liver, and gall bladder; 
effective as a hepatic and blood alterative; effective to insure beneficial tonic 
actions; effective to keep the stomach, liver, and bowels clean and working 
properly, and to prevent almost every ailment known; effective to prevent poor 
elimination, constipation, bad blood, secondary body poisons, acids, catarrhs, 
" Fleas ", and mucus; rheumatism, neuritis, chills, all sufferings and ailments; 
trouble in the eyes, stomach, liver, bowels, arms, legs, heart, brain or any other 
organ or part.
On December 20, 1934, the defendants entered pleas of guilty and the court 
imposed fines in the total amount of $50.
M. L. WILSON, Acting Secretary of Agriculture