27714. Misbranding of Dr.  Miller's Tonic Prescription.     U.  S. v.  23 Bottles of
Dr.  Miller's  Tonic Prescription     Default decree of condemnation and 
destruction.    (F. & D. No. 39650." Sample No. 34246-C.)
This product was misbranded because its labeling bore false and fraudulent 
representations regarding its curative or therapeutic effects and failed to bear 
a statement of the quantity or proportion of alcohol contained in the article.
On June 3, 1937, the United States attorney for the Northern District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 23 bottles of Dr. Miller's Tonic 
Prescription at East ^Chicago (Indiana Harbor), Ind., alleging that the article 
had been shipped in interstate commerce on or about May 3, 1937, by the Inter- 
national Research Laboratory from Chicago, Ill., and charging misbranding in 
violation of the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of water, sugar, alcohol, 
and extracts of plant drugs including a laxative plant drug.
It was alleged to be misbranded in that the package failed to bear on its 
label a statement of the quantity or proportion of alcohol contained in the article. 
It was alleged to be misbranded further in that the following statements 
appearing in the label regarding its curative or therapeutic effects were false 
and fraudulent: "Tonic Prescription For Cleansing The Stomach, Liver, Kidneys, 
Bowels and Blood From Accumulated Impurities This Prescription is Highly 
Valuable in the Treatment of   *   *   *   Billiousness, Sick Headache, Insomnia,
Dizziness, Indigestion, Stomach Trouble, Sour or Acid Stomach, Ulcers of the 
Stomach, Gas in Stomach, Heartburn, Loss of Appetite, Gall Stones or Gravel, 
Gall Bladder Infection, Liver Complaints, Nervousness, Neuritis, Palpitation of 
the Heart, High Blood Pressure, Rheumatism, Sciatic, Gout, Lumbago, Muscular 
Aches, Uric Acid in the Blood, Kidney Disorders, Pains in the Back, Bladder 
Trouble, Painful and frequent Urination, Skin Diseases, Anemia. Impure Blood, 
Tired Feeling, Coughs and Colds, LaGrippe and General Run Down System."
On August 11, 1937, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.