504. Misbranding of Tonico Fir-Veta.     IT.  S. v. 68 Bottles of Tonico Fir-Veta.
Default   decree   of   condemnation   and   destruction.     (F.   D.   C.   No.   3845.
Sample No. 7617-E.)
The labeling of this product bore false and misleading representations re-
garding its efficacy in the conditions indicated hereinafter and falsely repre-
sented that it complied with the law. The cartdn containing the bottle was con-
siderably larger than was necessary.
On February 21, 1941, the United States attorney for the Southern District of
California filed a libel against 68 bottles of Tonico Fir-Veta at Los Angeles,
Calif., alleging that the article had been shipped in interstate commerce on or
about November 25, 1940, by El Modelo Medicine Co. from San Antonio, Tex.;
and charging that it was misbranded.
Analysis showed that the article consisted essentially of strychnine and qui-
nine salts, small proportions of iron, calcium, manganese, and potassium com-
pounds including hypophosphites, alcohol, and syrup.
The article was alleged to be misbranded in that its labeling bore repre-
sentations that it would be efficacious to promote, retain, and insure health;?r
that it would greatly aid Nature in her work in keeping one well, and would          J
restore health, thus bringing lasting happiness; that it would be efficacious to
rebuild children, increase their resistance and enable them to gain weight, would
relieve children of overtension, and cause them to sleep more restfully; that it?(
would be efficacious to tone up the system, stimulate or restore the appetite,
and enable one to gain additional energy; that it would prevent tired nerves,
disordered stomach, sluggish bowels, loss of appetite; and that it would be
efficacious to keep the nerves fit and increase the vitality of working girls,
which were false and misleading, since it would not be efficacious for such
purposes.
It was alleged to be misbranded further in that the following statements in
the labeling, "El Modelo Medicine Co. has complied with the new Federal Food,
Drug, and Cosmetic Act. * * * The laws regulating the manufacture and
sale of Drugs and Medicines for your protection, the new Federal Food, Drug,
and Cosmetic Act, have been fully complied with, by 'El Modelo Medicine Co.',"
were false and misleading since it was not marketed in compliance with the
Federal Food, Drug, and Cosmetic Act. It was alleged to be misbranded further
in that its container (earton) was so made, formed, or filled as to be misleading.
On April 4, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.