24700. Misbranding of Xuxaphen. V. S. v. 36 Bottles of Nuxaphen. Default 
decree of condemnation and destruction. (F. & D. no. 35443. Sample no. 
6011-B.)
This case involved a drug preparation the labeling of which contained un- 
warranted curative and therapeutic claims. The labeling was further objec- 
tionable since the article contained a smaller percentage of alcohol than de- 
clared.
On May 2, 1935, the United States, attorney for the Eastern District of South 
Carolina, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 36 bottles of Nuxa- 
phen at Charleston, S. C, alleging that the article had been shipped in inter- 
state commerce on or about October 27, 1934, by the Scott Drug Co., from 
Charlotte, N. C, and charging misbranding in violation of the Food and Drugs 
Act.
Analysis showed that the article consisted essentially of calcium, manganese 
and magnesium glycerophosphates, extracts of plant drugs including nux vom- 
ica, alcohol (8.8 percent), sugar, and water.
The article was alleged to be misbranded in that the statement on the label, 
"Alcohol 30%", was false and misleading, since the article contained but 8.8 
percent of alcohol. Misbranding was alleged for the further reason that cer- 
tain statements appearing on the bottle label and in a circular shipped with 
the article falsely and fraudulently represented that it was effective as a recon- 
structive tonic, and revitalizer; effective as a valuable remedy for lowered vi- 
tality, loss of appetite, loss of energy, mental depression, and lack.of vital force; 
effective to invigorate and strengthen run-down nervous women and weak 
worn-out men; effective to give rich red blood and help the entire system, put 
color in the cheeks and new strength in the muscles, improve digestion, rid 
one of digestive trouble, produce good healthy flesh, overcome underweight, 
bring normal weight, improve the constitution, blood, and organs, make one 
peppy, energetic, filled with vitality, and free from nervousness, and effective 
for nausea and sick stomach.
On June 14, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. B. GEEGG, Acting Secretary of Agriculture.