26958. Misbranding of Dr. J. W. White's Herb Tonio Compound. IT. S. ?. 
John W. White (White's Herb Manufacturing & Remedy Co.). Jury 
trial. Verdict of guilty. Fine, $300* sentence of 6 months' imprison- 
ment suspended during 5 years' probation. (F. & D. no. S5979. Sample 
no. 27888-B.)
The labels of this product bore false and fraudulent curative and therapeutic 
claims.
On September 30, 1935, the United States attorney for the Northern District 
of Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against John W. White, trading as Dr. J. W. 
White, proprietor of White's Herb Manufacturing & Remedy Co., Bessemer, 
Ala., charging shipment by said defendant in violation of the Food and Drugs 
Act as amended, on or about April 4, 1935, from the State of Alabama into the 
State of Arkansas of a quantity of Dr. J. W. White's Herb Tonic Compound 
that was misbranded.
Analysis of the article showed that it consisted essentially of extracts of 
plant drugs, alcohol (less than 0.1 percent), and water.
The article was alleged to be misbranded in that statements regarding its 
curative and therapeutic effects, borne on the bottle labels, falsely and fraudu-
lently represented that it would be effective as a tonic and system purifier and 
to insure a good, clean, healthy system; and that it would be useful in stomach 
complaints and liver and kidney ailments.
On September 30, 1936, after trial, the jury returned a verdict of guilty and 
the court imposed a fine of $300 and a sentence of 6 months' imprisonment, but 
suspended the sentence of imprisonment pending 5 years' probation.
HAEET L. BEOWN, Acting Secretary of Agriculture.