10780.?Misbranding of Vitalo.    V. S. v. 10 Bottles of Vitalo.    Default decree
of  condemnation,  forfeiture,  and  destruction.     (F.  & D.  No.   15732.?
S. No. C-3356.)
On or about December 10, 1921, the United States attorney for the Northern?
District of Alabama, 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 10 bottles of Vitalo, remaining in the original?
packages at Birmingham, Ala., alleging that the article had been shipped by?
the Allan-Pfeiffer Chemical Co., St. Louis, Mo., on or about October 29, 1920.?
and transported from the State of Missouri into the State of Alabama, 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 de??
partment showed that it consisted of extracts of plant drugs, including?
damiana and nux vomica, sugar, alcohol, and water.
X J. 10751-10800]     SERVICE  AND  REGULATORY  ANNOUNCEMENTS.       4*35
Misbranding of the article was alleged in substance in the libel for the?
reason that the following statements, regarding the curative and therapeutic?
effect of the said article, appearing on the labels of the bottle and carton?
containing the article, "* *-?-*?? Vitalo * * * A Nerve and Muscle?
Tonic * * *," and the additional statements appearing on the said carton,?
?* * * Remedy * * * For General Weakness * * * Nervous De??
bility * * * For the Nerves, Brain and Muscles * * * " were false and?
fraudulent, since the said article contained no ingredient or combination of?
ingredients capable of producing the effects claimed.
On June 16, 1922, 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.
O. W. PUGSLEY, Acting Secretary of Agriculture.