13994. Misbranding of Hesperian tonic.    17. S. v. 3% Dozen Bottles and 5%
Dozen Bottles of Hesperian Tonic. Default orders of destruction 
entered. (F. & D. Nos. 19106, 19121. I. S. Nos. 9830-V, 11712-v. S. Nos. 
W-1598, W-1602.)
On November 26, 1924, the United States attorney for the District of Utah, 
acting upon reports by the Secretary of Agriculture, filed in the District Court 
of the United States for said district libels praying the seizure and condemna- 
tion of 8% dozen bottles of Hesperian tonic, remaining in the original un- 
broken packages in part at Salt Lake City, Utah, and in part at Ogden, Utah, 
alleging that the article had been shipped by the Temple of Health Medicine 
Co., from San Francisco, Calif., in two consignments, namely,"on "67 abouT" 
March 20, 1924, and April 19, 1924, respectively, and transported from the 
State of California into the State of Utah, and charging misbranding in 
violation of the food and drugs act as amended.
Analysis by the Bureau of Chemistry of this department of a sample of the 
article showed that it consisted essentially of ferric chloride, a trace of ethyl 
nitrite, alcohol, and water.
Misbranding of the article was alleged in substance in the libels for the 
reason that the following statements regarding the curative and therapeutic 
effects of the said article, borne on the labels thereof: (Bottle label and 
carton) "for * * * assisting in affording relief of the inflammation in 
* * * Hoarseness, Diphtheria, Bronchial, Laryngeal Inflammation, and in 
Eruptive conditions of the skin," were false and fraudulent, since it contained 
no ingredients or combination of ingredients capable of producing the effects 
claimed.
On June 24, 1925, no claimant having appeared for the property, decrees of 
the court were entered, adjudging the product to be misbranded and ordering 
its destruction by the United States marshal.
R. W. DUNXAP, Acting Secretary of Agriculture.