10243. Misbranding: of Castleberry's sexual pills and Faclcler's compound?
extract of damiana. U. S. * * * v. lO Dozen Boxes of Castle??
berry's Sexual Pills and 5 Dozen Bottles of Fackler's Compound.?
Extract of Damiana. Default decree of condemnation, forfeiture,?
and destruction. (F. & D. No. 15356. I. S. Nos. 9178-t, 9179-t. S. Nos.?
E-3567, B-3568.)
On September 2, 1921, the United States attorney for the Northern District of?
Georgia, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and?
condemnation of 10 dozen boxes of Castleberry's sexual pills and 5 dozen bottles?
of Fackler's compound extract of damiana, at Columbus, Ga., alleging that the?
articles had been shipped by the Allan-Pfeiffer Chemical Co., St. Louis, Mo.,?
on or about June 21 and 24, 1921, respectively, and transported from the State?
of Missouri into the State of Georgia, and charging misbranding in violation of?
the Food and Drugs Act, as amended.
Analyses of samples of the articles by the Bureau of Chemistry of this de??
partment showed that the Castleberry's sexual pills contained an iron compound,?
extracts of cantharides and nux vomica, calcium carbonate, and sugar; and?
that the Fackler's compound extract of damiana contained extracts of plant?
drugs, including nux vomica, damiana, and saw palmetto, extract of cantharides,?
sugar, alcohol, and water.
Misbranding of. the articles was alleged in substance in the libel for the?
reason that the following statements regarding the curative and therapeutic?
effects thereof, appearing in the labeling of the respective articles, to wit,?
(Castleberry's pills) (carton and circular) " * * * Sexual Pills * * *?
For Hysteria/ Dizziness, Nervous Prostration, Nervous Debility and General?
Weakness * * *," (Fackler's compound extract of damiana) (bottle)?
?*    *    *    A Tonic for Both Sex    *    *    *"     (carton)     "*    *    *    A Liquid
134	
BUREAU  OF  CHEMISTRY.	
[Supplement 135,
Aphrodisiac * * * Useful In Nervous Debility. * * * For General?
Weakness * * * " were false and fraudulent in that the said statements?
were applied to the articles so as to represent falsely and fraudulently, and?
to create in the minds of purchasers thereof the impression and belief, that?
the said articles were effective as treatments and remedies for the diseases?
mentioned therein, whereas, in truth and in fact, they contained no ingredients?
or combination of ingredients capable of producing the effects claimed.
On December 12, 1921, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the products be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.