19522. Adulteration and Misbranding of malva. U. S. v. 165 Dozen Bottles,, et al., of Malva. Default decrees of destruction entered. (F. & D. No. 28010. I. S. Nos. 51242, 51243. S. Nos. 6041, 6042.) The drug product malva involved in this action was labeled as containing pepsin. Ananlysis of the article showed that it contained no active pepsin. The circular shipped with the article contained unwarranted curative and therapeutic claims. On April 15 and April 16, 1932, the United States attorney for the Western District of South Carolina, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for the district aforesaid libels praying seizure and condemnation of 214 dozen bottles of the said malva, in part at Greenville, S. C, and in part at Anderson, S. C, alleging that the article had been shipped by the Malva Medicine Co., from Columbus, Ohio, the former on or about February 17, 1932, and the latter on or about March. 10, 1932, and had been transported from the State of Ohio into the State of South Carolina, and charging adulteration and misbranding in violation of the food and drugs act as amended. Analysis by this department of a sample of the article taken from the con- signment at Greenville, S. C, showed that it consisted essentially of extracts of plant drugs including laxative drugs such as cascara sagrada and a mydriatic drug such as belladonna, alcohol, sugar, and water. The article contained no pepsin. Analysis of a sample taken from the consignment at Anderson, S. C. showed a similar composition, except that no mydriatic drug was present. It was alleged in the libels that the article was adulterated in that its strength fell below the professed standard under which it was sold, namely, " Malva * * * containing * * * Pepsin." Misbranding was alleged for the reason that the statement in the circular,. " Malva * * * containing * * * Pepsin," was false and misleading. Misbranding was alleged for the further reason that the following statements, appearing in exhibits attached to and made a part of libels, regarding the curative or therapeutic effects of the article, were false and fraudulent, since it contained no ingredient or combination of ingredients capable of producing the effects claimed: (Circular) "Malva has, on many occasions had an almost immediate effect. At times its reaction has been noted after the very first bottle has been taken. * * * a medicine like Malva cannot be expected to accomplish completely what it sets out to do, unless the recommended amount is taken diligently. * * * you should take the full five bottle treatment to gain the entire benefit * * * Dear Friend: Perfect health Is a blessing: As much a blessing as it is however, it is coming to each and every one of us. There are not certain people picked out to enjoy perfect health, and others selected to bear all of the grief in the world You should feel well all the time. You should be able to eat the things you like, in reasonable quantities, even to excess occasionally, without causing yourself any undue discomfort. You should be able to do a good hard day's work, eat a hearty meal, and sit down and be comfortable, or join in your family's or friend's activities with all of the life and spirit that they have. You should be able to climb stairs, or lift a heavy load occasionally without having to suffer sharp pains in your back, stomach or elsewhere. A night's sleep should have the same restful effect on you today as when you were a child. Bach morning should find you full of vigor and good nature—your body tingling with the goodness of life and the happiness of a healthful existence. And, you should enjoy your sleep. From the moment your head touches the pillow to the moment it is time to be up and about your duties, your sleep should be undisturbed, refreshing and nursing to your body. You should be youthful In Every Way, much longer than is the present day average. When you do not enjoy perfect health, it is most times your own fault. You hold your health and happiness in your own hands. Nature has set down certain reasonable rules for you to follow. These rules do not prohibit your enjoyment of life, even to excess sometimes. But a re- peated transgression of these laws is always fatal. Very often you are not conscious that you are breaking Nature's laws. But, in the end, when you least expect it, you must pay the price. As strict as Nature is in exacting her fines, however, her mercy is shown in the marvelous aids she has given us to keep perfect health in spite of our mistakes—the roots and herbs and other medi- cines she gives freely from her bosom that we might temper our excess likes and dislikes, return our bodies to normalcy, and be fully happy and healthy once again. Indeed: Perfect health Is a blessing and it is probably coming to you just as much as to anyone else in the world. * * * most of our ailments can be traced to a disordered stomach; and the disordered stomach to the / things we eat, the way we eat them, and the quantities we eat of them * * * An unbalanced diet causes a disorderly condition in the stomach many times. Often the bowels are affected, and organs of the stomach. Gases form. Constipation sets in. Pains are felt in the back and the stomach. Headaches result, followed by dizziness, heart palpitation and many other ail- ments. Often the gases work their way out through the skin in the form of blotches, pimples, boils, rashes and other skin diseases. The system often be- comes rundown. Nerves are sometimes affected. The ailing person becomes sluggish, under such conditions, and eternally tired. No ambition. Nerves on edge. In many cases these people despair of ever getting well. Their outlook on life is miserable. Malva, containing the juices of the leaves of the precious Malva herb, Pepsin, Cascara Sagrada, Burdock, Senna and other splendid ingredients, acts with the digestive juices of the stomach, which aid in regu- lating the bowels and disposing of eliminative refuse collected in the stomach. It helps to relieve gnawing pains and harmful conditions resulting from faulty assimilation. When such conditions are corrected your appetitie will increase and you will be able to eat what you like without fear. Malva * * * assists in restoring lost vitality and building up strength in many cases. * * * Di- rections To Obtain The Best Results From The Use Of Malva, it should be taken regularly and persistently and in accurate doses." On June 24, 1932, no claimant having appeared for the property, the court ruled that the Government was entitled to the relief prayed for and ordered the issuance of writs of destruction. On June 27, 1932, orders were entered directing the United States marshal to destroy the goods. ARTHUR M. HYDE, Secretary of Agriculture.