10635.?Misbranding of Wendell's Ambition Brand pills.     TJ. S.     *      *      ? '  v.
144 Packages, et al, ot Wendell's Ambition Brand Pills. Default?
decree of condemnation, forfeiture, and destruction. (F. & D. Nos".?
13657, 13658.     I. S. Nos. 10355-t, 10055-t.    S. Nos. W-760, W-762.)
On September 7, 1920, the United States attorney for the Northern District?
of California, acting upon a report by the Secretary pf Agriculture, filed in the?
District Court of the United States for said district a libel for the seizure and?
condemnation of 46 dozen, large and small, packages of Wendell's Ambition?
Brand pills, remaining in the original unbroken packages at San Francisco,?
Calif., alleging that the article had been shipped by the Wendell Pharmacal?
Co., Syracuse, N. Y., in three consignments, namely, on or about September 9,?
1919, and February 2 and April 6, 1920, respectively, and transported from the?
State of New York into the State of California, and charging misbranding in?
violation of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed that it consisted of plant tissues and extracts, including nux?
vomica and cinchona, phosphorus, aloin, and spices, coated with a mixture of?
sugar and calcium carbonate and colored with a red dye.
Misbranding of the article was alleged in substance in the libel for the?
reason that the following statements appeared in the labeling of the said?
article, (cartons, both sizes) " * * * Pills Ambition Brand. Beneficial in?
the treatment of * * * Nervous Debility, Sleeplessness, Despondency,?
Mental   Depression,   Hysteria,   Nervous   Headaches,   Dyspepsia,   Indigestion,
*?* * Affections of the Nervous System," which statements were false and?
fraudulent, since the said article contained no ingredient or combination of?
ingredients capable of producing the curative and therapeutic effects claimed.
On May 9, 1921, no claimant having appeared for the property, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court that?
the product be destroyed by the United States marshal.
C. W. PTJGSLEY, Acting Secretary of Agriculture.