27741.  Misbranding of Whitmarsh Blood Elixir.     U. S. v.  19 Bottles of Whit- 
marsh Blood Elixir.    Default decree of condemnation and destruction.
(F. & D. No. 39418.    Sample No. 14648-C.)
This product was misbranded because of false and fraudulent curative and 
therapeutic claims in the labeling. It was misbranded further because of failure 
to declare the quantity of alcohol present, since no statement appeared on the 
carton and the statement on the bottle was incorrect.
On April 27, 1937, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 19 bottles of Whitmarsh 
Blood Elixir at Toledo, Ohio, alleging that the article had been shipped in 
interstate commerce on or about November 7, 193G, by the Whitmarsh Labora- 
tories from Adrian. Mich., and charging misbranding in violation of the Food 
and Drugs Act as amended.
Analysis showed that it consisted essentially of water, alcohol (10 percent by 
volume), a small quantity of benzoic acid, and extracts of plant drugs including 
anise and an alkaloid-bearing drug.
The article was alleged to be misbranded in that its package failed to bear a 
statement on the label of the quantity or proportion of alcohol that it contained, 
since no declaration of alcohol appeared on the carton and that on the bottle 
label was incorrect. It "was alleged to be misbranded further in that the following 
statements borne on the bottle and carton regarding its curative and therapeutic 
effects were false and fraudulent: (Bottle) "Blood Elixir * * * For poison- 
ing, such as from ivy, oak, sumach, or other vegetable infection * * * For 
boils and pimples Add to the contents of one bottle of Whitmarsh Blood Elixir 
one teaspoonful of-Fluid-Extract of Arnica Flowers;" (carton label) "Blood 
Elixir * * * Recommended * * * in tie treatment of -skin afflictions 
such as itching eczema, ivy, oak, or sumach and other vegetable poisons absorbed
through the skin, * * * Used * * * in the treatment of ivy, oak,, sumach 
and other vegetable poisons absorbed thru the skin. Its action is prompt and 
usually brings relief in 48 hours. Three weeks is advised in order to eradicate 
the poison from the system. * * * For itching Eczema, Psoriasis, Acne 
Vulgaria or Pimples and Skin Afflictions due to Blood Humours, Whitmarsh Blood 
Elixir has been a successful treatment. It is especially recommended as an 
Antidote for the Effects of Ivy, Oak, Sumach, and other Vegetable Poisons 
absorbed through the skin. * * * In 24 to 48 hours the intolerable itching 
ceases. Experience, however, recommends that the full three weeks treatment 
be used. In Itching Eczema and such skin affliction of a chronic character 
continued treatment may be required for its alterative influence."
On August 5, 1937, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.