9714. Misbranding of Dr. Burkhart's vegetable compound. U. S. * * * 
v. 428 * * * Packages, 68 * * * Packages, 284 * * * 
Packages, and 10 * * * Packages of Dr. Burkhart's Vegetable 
Compound. Default decrees of condemnation, forfeiture, and de- 
struction. (F. & D. Nos. 13069, 13070. I. S. Nos. 5876-t, 5877-t, 5878-t, 
5879-t.    S. Nos. E-2449, E-2450.)
On July 22, 1920, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels for the seizure and 
condemnation of 428 packages, 25-cent size, 68 packages, 50-cent size, 284 pack- 
ages, 25-cent size, and 10 packages, $1 size, of Dr. Burkhart's vegetable com- 
pound, at Pittsburgh, Pa., consigned by Dr W. S. Burkhart, Cincinnati, Ohio, 
alleging that the article had been shipped from Cincinnati, Ohio, July 8 and 
June 23, 1920, and transported from the State of Ohio into the State of Penn- 
sylvania, and charging misbranding in violation of the Food and Drugs Act, as 
amended. The article was labeled in part: (Carton, 25-cent and 50-cent sizes) 
<<**** Recommended for Kidney and Liver Disease, Fever and Ague, 
Rheumatism, Sick and Nervous Headache, Erysipelas, Scrofula, Female Com- 
plaints, Catarrh, Indigestion, Neuralgia, Nervous Affection, Dyspepsia, * * * 
and all Syphilitic Diseases"; (carton, $1 size) "* * * Recommended for 
Blood Diseases, such as Rheumatism, Kidney and Liver Diseases, Fever and 
Ague, Sick and Nervous Headache, Erysipelas, Scrofula, Female Complaints, 
Catarrh    *    *    *    Indigestion,   Neuralgia,  Nervous Affection,   Dyspepsia."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained plant extractives, including aloes, resins, 
and capsicum.
Misbranding of the article was alleged in substance in the libels for the rea- 
son that the above-quoted statements regarding the therapeutic or curative 
effects thereof, appearing in the labeling, were false and fraudulent in that they 
were applied to the said article so as to represent falsely and fraudulently, and 
to create in the minds of the purchasers thereof the impression and belief, that 
the product contained in all the said packages was effective as a remedy for 
kidney and liver diseases, fever and ague, rheumatism, sick and nervous head- 
ache, erysipelas, scrofula, female complaints, catarrh, indigestion, neuralgia, 
nervous affection, and dyspepsia, and that the product contained in the 25-cent 
and 50-cent size packages was further effective as a remedy for all syphilitic 
diseases, when, in truth and in fact, the said article contained no ingredient 
or combination of ingredients capable of producing the said effects.
On April 20, 1921, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.