8973. Misbranding of Nerv-Mintz. U.S. * * * v. 48 Packages, 50-cent Size, of Nerv-Mintz.?
Default decree of condemnation, forfeiture, and destruction. (F. &D. No. 13517. Inv.?
No. 23360.   S. No. C-2411.)
On August 26, 1920, the United States attorney for the District of Indiana, 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 48 packages, 50-cent?
size, of Nerv-Mintz, remaining in the original unbroken packages at Fort Wayne,?
Ind., alleging that the article had been shipped on or about December 19, 1919, by?
the Earie Chemical Co., Wheeling, W. Va., and transported from the State of West?
Virginia into the State of Indiana, and charging misbranding under the Food and?
Drugs Act, as amended. The article was labeled in part: (Box) "Nerv-Mintz, Nerve?
and Energy Tablets, especially a nerve strengthener * * * soothe and quiet the?
nerves * * * used for the relief of nervousness, loss of vigor, energy, and ambi??
tion?lack of confidence, sleeplessness, trembling, nervelessness, shifty gait, shat??
tered nerves, exhausted or weakened vitality, mental depression, numbness, weaken??
ing habits * * * and all overworked and unstrung nerves, induced by fast?
living and other excesses * * * useful in the treatment of nervous conditions?
which follow too strenuous living, mental and physical fatigue, and other excesses;"?
(circular) '' Nerv-Mintz for Nervous Debility * * * exceptionally efficient in the?
treatment of nervousness, loss of vigor, energy, and ambition, lack of confidence,?
sleeplessness, shifty gait, shattered nerves, weakened or exhausted vitality, mental?
or physical depression, weakening habits * * * and for all overworked and?
unstrung nerves induced by fast living and other excesses * * * to all those?
who * * * suffer from the effects of fast living, over-work, and the drains of?
present day strenuous excesses, Nerv-Mintz prove most wonderful rejuvenators,?
restoring the lost vitality, you perhaps had thought was gone forever. Generally?
results are quick   *   *   *   Keep tip the treatment   *   *   *.'''
Analysis of a sample of the product by the Bureau of Chemistry of this department?
showed that the tablets consisted essentially of sabal, nux vomica, zinc phosphid,?
capsicum, and aloin.
Misbranding of the- article was alleged in the libel for the reason that the above-?
quoted statements on each of said packages, with respect to the curative and thera??
peutic effects of said article, were false and fraudulent in that the article did not
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BUREAU  OF  CHEMISTRY.	
[Supplement U0>.
contain any ingredient or combination of ingredients capable of producing the results?
claimed.
On October 8, 1920, no claimant having appeared for the property, a default decree?
of condemnation and forfeiture was entered, and it was ordered by the court that?
the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.