10884. Misbranding- of Giepsi Vemela. U. S. v. 10 Small Bottles and 11'?
liarg-e Bottles of Giepsi Vemela. Defanlt decree of condemna??
tion, forfeiture, and destruction. (F. & D. No. 14946. I. S. Nos.?
10796-t, 10797-t.    S. No. C-3002.)
On June 16, 1921, the United States attorney for the Western District of?
Texas, 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 small bottles and 11 large bottles of Giepsi Vemela, re??
maining in the original packages at El Paso, Texas, alleging that the article?
had been shipped by the Giepsi Vemela Co., Douglas, Ariz., on or about Novem??
ber 20, 1920 (in part, May 20, 1920), and transported from the State of Arizona?
into the State of Texas, 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-?
department showed that it consisted of plant extractives, sugar, and water.
Misbranding of the article was alleged in substance in the libel for the-?
reason that the following statements appeared on the cartons and bottles con??
taining the article and in the accompanying circular, (cartons, English and?
Spanish) " * * * for the tuberculosis, colds, coughs, anemia and general?
debility,'" (bottles, English and Spanish) " * * * It is recommended for?
tuberculosis, colds, coughs, anemia and general debility * * * In serious-?
cases,"     (circular,    English)     "Giepsi     Vemela    *    *    *    excellent    results
*?* * obtained in the treatment of all impurities of the blood * * *?
and for the results that have been obtained in the treatment of tuberculosis.
*?* * For the impurities of the blood, such as pimples, tumors, fistula,?
swelling of the feet, ankles and legs, and irritation of the blood. * * *?
For   coughs,    colds,   bronchitis,   whooping   cough,   sore   throat    *    *    *    If
*?* * you want your body to be strong to stand the effects of cold weather,?
we recommend you to take one or two bottles and you will be surprised to*?
see how well it will build you up. For disorders and sickness of the stomach?
"?? * * For anemia, tuberculosis and general debility * * * tuberculosis-?
of the stomach and Bowels * * * my stomach was so badly infected that?
I could not eat * * * Since I have been taking this Giepsi Vemela I can?
eat any kind of food, and can do a man's work, before taking it I could not.
*?* * Giepsi Vemela has cured me * * * This medicine is not only?
a good medicine for Tuberculosis but for coughs and colds, and weak stomach,?
and lungs," (circular, Spanish) "The Specific 'Giepsi Vemela' Is today recog??
nized among the most highly estimated remedies by the excellent results it has?
demonstrated in the treatment of diseases of the blood * * * ; also for?
the results which have been demonstrated in the treatment of Phthisis, even?
in the third period. * * * impurities of the blood which are manifested in'?
the following forms: Pimples, Tumors, Ulcers in the Throat or Nose, swellings?
which Appear without Cause, Irritations of the Skin and Lockjaw. This-?
medicine is recommended especially for Anemia, Catarrh, Colds, Bronchitis,?
Coughs and Whooping Cough, Sore Throat and Hoarseness, for Diseases of?
the Stomach such as Colic, Sick Stomach, General Debility, Diarrhea and?
Cramps * * * Tuberculosis, Bronchitis, Catarrhal Colds, Coughs and?
Whooping Cough, Sore Throat and Hoarseness, Tumors, Fistulas, Swellings,?
Lockjaw, Blackheads * * * For disease of the stomach, such as sick?
stomach, colic, general debility, diarrhea and cramps * * * In serious?
cases * * * I suffered with a cough for ten years * * * A bottle of?
' Giepsi Vemela' * * * completely restored my health. * * * as a?
result of pneumonia I had suffered a serious complication of the stomach?
called tuberculosis of the large intestine. My brother came to visit me, bring??
ing a bottle of Giepsi Vemela. * * * Having taken the first bottle I felt?
much better. I took three more and * * * am today completely restored,?
therefore I recommend it as a marvel * * * For more than a year I?
suffered with a violent cough    *    *    *    Finally ' Giepsi Vemela' was recom-
JST. J. 10851-10900.]    SERVICE AND REGULATORY ANNOUNCEMENTS.      491
mended, of which I took only two bottles. Today I am entirely well," which?
said statements regarding the curative and therapeutic effect of the said?
article were false and fraudulent for the reason that it contained no ingredient?
?or combination of ingredients capable of producing the effects claimed. Mis??
branding was alleged for the further reason that the statement appearing in?
the said circular, written in Spanish, to wit, " The Specific ' Giepsi Vemela '?
before offered to the public was made to conform to the requirements of the?
law of the United States of America, which will serve to increase the faith?
.and confidence of those patients who may use this medicine," was false and?
misleading.
On October 4, 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. F. MARVIN, Acting Secretary of Agriculture.