11183.?Misbranding   of   Vital   Sparks  and   manhood   tablets.    U.   S.   v.   10
Packages and 3 Dozen Boxes of Vital Sparks and 28 Cases of?
Drags. Defanlt decrees of condemnation, forfeiture, and destruc??
tion.     (F. & D. Nos. 15224, 15387, 15477.     S. Nos. C-3124, C-3273, C-3580.)
On or about July 21, September 15, and October 18, 1921, respectively, the?
United States attorneys for the Southern District of Mississippi, the Eastern?
District of Pennsylvania, and the Southern District of Alabama, respectively,
102	
BUREAU OF  CHEMISTRY.	
[Supplement 154,
acting upon reports by the Secretary of Agriculture, filed in the District Court?
of the United States for said respective districts libels praying the seizure and?
condemnation of 10 packages of Vital Sparks at Jackson, Miss., 3 dozen boxes?
of Vital Sparks at Philadelphia, Pa., and 28 cases of drugs labeled " Manhood?
Tablets " at Mobile, Ala., said articles remaining in the original unbroken pack??
ages, consigned by the Hollander-Koshland Co., Baltimore, Md., alleging that the?
articles had been shipped from Baltimore, Md., May 13, 1921, July 8, 1921, and?
April 28, 1920, respectively, and transported from the State of Maryland into?
the States of Mississippi, Pennsylvania, and Alabama, respectively, 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 depart??
ment showed that the Vital Sparks consisted of gelatin capsules, each contain??
ing a fatty oil, colored red, and a sugar-coated pill of zinc phosphid, damiana,?
and strychnine, and that the manhood tablets consisted of sugar-coated pills?
of zinc phosphid, damiana, and strychnine.
Misbranding of the articles was alleged in substance in the libels for the rea??
son that certain statements appearing in the labeling of the respective articles,?
regarding the curative and therapeutic effects thereof, falsely and fraudulently?
represented that the so-called Vital Sparks was effective as a powerful nerve?
stimulant, and that when the directions were followed a marked improvement?
in strength and vitality and in the normal functioning of the sexual organs?
might be expected, and that the so-called manhood tablets were effective for?
use in the treatment of sexual weakness or impotence, lost manhood, debility,?
lack of virility and impotence, atonic impotence, prostatorrhoea and spermator??
rhoea, that it would be effective in restoring a normal condition of the functions,?
and that a marked improvement might be expected within a comparatively short?
time, whereas, in truth and in fact, the said articles contained no ingredients or?
combinations of ingredients capable of producing the effects claimed.
On November 7, 1921, October 3,1921, and May 20,1922, respectively, no claim??
ant having appeared for the property, judgments of condemnation and forfeiture?
were entered, and it was ordered by the court that the products be destroyed?
by the United States marshal.
C. W. PUGSLET, Acting Secretary of Agriculture.