18543. Misbranding of Dr. Lee's "Wonderful herb tonic.    U. S. v. 63 Bottles
of Dr. Lee's "Wonderful Herb Tonic. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 26258. I. S. No. 29707. 
S. No. 4409.)
Examination of a drug product, known as Dr. Lee's Wonderful herb tonic, 
from the shipments herein described having shown that the article contained 
drugs other than herbs and that the carton and bottle labels bore statements 
representing that it possessed curative and therapeutic properties which it did 
not possess, the Secretary of Agriculture reported the matter to the United 
States attorney for the eastern district of Pennsylvania.
On April 25, 1931, the United States attorney filed in the district court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 63 bottles of Dr. Lee's Wonderful herb tonic, remaining in the original 
unbroken packages at Easton, Pa,, consigned by Brewer & Co. (Inc.), Worcester,
Mass., alleging that the article had been shipped from Worcester, Mass., in 
various consignments, %n or about April 28, 1930, November 20, 1930, and 
March 2, 1931, and had been transported from the State of Massachusetts into 
the State of Pennsylvania, and charging misbranding in violation of the food 
and drugs act as amended.
Analysis of a sample of the article by this department showed that it COD- 
sisted essentially of plant drugs including aloe and sarsaparilla, a small amount 
of an iodine compound, methyl salicylate, sassafras oil, alcohol, sugar, and 
water.
It was alleged in the libel that the article was misbranded in that the state- 
ment appearing on the label, " Wonderful Herb Tonic," was false and misleading 
when applied to an article containing material other than herbs. Misbranding 
was alleged for the further reason that the following statements regarding the 
curative or therapeutic effects of the said article, were false and fraudulent, 
since it contained no ingredient or combination of ingredients capable of pro- 
ducing the effects claimed: (Carton) "Specially Recommended for Rheuma- 
tism, Lumbago and all Disorders caused by Uric Acid. The result of proper 
Selection of Herbs. Carefully and Scientifically Prepared to make an Effec- 
tive Remedy for Diseases of the Stomach, Liver, Kidneys and Bowels. A Grand 
Nerve Tonic, System Cleanser * * * System Purifier for All Blood Diseases, 
Stomach and Liver Difficulties such as Dyspepsia, Biliousness, Catarrh, Liver 
Complaints, Rheumatism, Enlargement of Liver, Diseases of the Kidneys 
* * * Nervous Debility;" (bottle) "Herb Tonic * * * System Purifier 
for All Blood Diseases, Stomach and Liver Difficulties such as Dyspepsia, Bili- 
ousness, Catarrh, Liver Complaints, Rheumatism, Enlargement of Liver, 
Diseases of the Kidneys    *    *    *   Nervous Debility."
On May 22, 1931, 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.
AETHUB M. HYDE, Secretary of Agriculture.