10440. Misbranding of   Nervtone   tablets.    U.    S.     *     *     *     v.    6    Cartons 
*     *     *      of Nervtone   Tablets.     Default   decree   of  condemnation,
forfeiture,   and   destruction.      (F.   &   D.   No.   16182.     Inv.   Nos.   35446, 
35614.    S. No. B-3772.)
On February 21, 1922, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 6 cartons of Nervtone tablets, remaining in the original un- 
broken packages at Lawrence, Mass., alleging that the article had been shipped 
on or about November 28, 1921, by A. F. Schambier, Manchester, N. H., and 
transported from the State of New Hampshire into the State of Massachusetts, 
and charging misbranding in violation of the Food and Drugs Act, as amended. 
The article was labeled in part: (On one side of carton in English) " Nervtone 
Tablets 100 No. 1 * * * Tablets 30 No. 2 For Liver or Kidney Troubles 
Recommended for Dyspepsia. Rheumatism, Indigestion, Nervous Trouble, Dimi- 
nution of the ordinary vigor of the body and mind, through overwork, mental 
worry, and all female complaints * * *"; (in French) "Recommended for 
Dyspepsia, Rheumatism, Indigestion, Nervousness, Exhaustion through work, 
Loss of Sleep, Pains in the Side or Back, Exhausted Vitality resulting from 
any cause whatsoever, and all diseases peculiar to women * * *"; (in Eng- 
lish on other side of carton and paper envelope inclosed) "Nervtone (No. 2) 
Tablets useful in * * * Defective Elimination, Liver and Kidney Troubles 
* * *"; (in French) "* * * indispensable against * * * diseases of 
the liver and kidneys * * *"; (on leaflet in carton) I English and French) 
?* * * Nervtone Tablets No. 2 * * * for * * * Liver and Kidney 
Troubles. Bilious Affections (les Systemes Bilieux) and Digestive Disorders (la 
Mauvaise Digestion en general). * * * Serious diseases, such as dyspepsia, 
gall stones, appendicitis, etc., soon make their presence felt if the stomach and 
bowels do not work properly. * * * for the speedy relief of * * * the 
worst forms of digestive troubles. They relieve the stomach by doing a share 
of its work, * * * Take also Nervtone Tablets No. 1 for Indigestion, Nerv- 
ousness, Rheumatism, etc. * * *"; (on carton) "No v * * dangerous 
drug."
Analysis of a sample of the article by the Bureau cf Chemistry of this de- 
partment showed that the Nervtone Tablets No. 1 contained approximately 
1/60 grain of mercuric chlorid, 3/120 grain of strychnine sulphate, 1/300 grain 
of arsenic trioxid, and 3 grains of iron sulphate each, together with alces and 
cascara sagrada extract; and that the Nervtone Tablets No. 2 contained approxi- 
mately 1/120 grain of strychnine sulphate, together with cascara and bella- 
donna extracts and aloes.
It was alleged in substance in the libel that the article was misbranded for 
the reason that the above-quoted statements regarding the curative and thera- 
peutic effects of the article were false and fraudulent for the reason that the 
article did not contain any ingredient or combination of ingredients capable 
of producing the effects claimed for it; and for the further reason that the 
statement, to wit, "No * * * dangerous drug," borne and labeled upon 
the said cartons, regarding the article and the ingredients contained therein, 
was false and misleading in that said statement represented the article as not 
being a dangerous drug and as not containing a dangerous ingredient or in- 
gredients, whereas, in truth and in fact, said article was a dangerous drug 
in that it contained mercuric chlorid, strychnine sulphate, and arsenic trioxid.
On May 16, 1922, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PTJGSLEY, Acting Secretary of Agriculture.