12766. Misbranding? of - Ark-A-Ln.     V.  S. v.  52 Bottles, et al., of Ark-A-Lo.
Default decrees of condemnation, forfeiture, and destruction.     (F.
& D. Nos. 18034, 18035, 18036.    I. S. Nos. 7224-v, 7225-v, 7227-v.    S. Nos. 
C-4185,  C-4186,  C-4188.)
On November 20, 1923, the United States attorney for the Eastern District 
of Texas, acting upon reports by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying the seizure 
and condemnation of 126 bottles of Ark-A-Lu, remaining in the original 
unbroken packages at Marshall, Tex., alleging that the article had been 
shipped by the Vawter Drug Stores, from Monroe, La., in part June 27, 1923, 
and in part June 29, 1923, and transported from the State of Louisiana 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 essentially of magnesium sulphate, iron 
chloride, nitric and hydrochloric acids, and water, flavored with methyl 
salicylate.
Misbranding of the article was alleged in the libels for the reason that the 
following statements appearing in the labeling, regarding the curative and 
therapeutic effects of the said article, (bottle label) "Stomach Kidney And 
Liver Medicine * * * for * * * Diseases * * * Of The Stomach, 
Liver And Kidneys * * * in the following forms: Catarrh, Indigestion 
or Dyspepsia * * * Rheumatism, Kidney And Bladder Troubles, Piles, 
Scrofula and so-called Blood Diseases, Chills, Fever, Ague And Nervousness.
* * * Nerve Tonic for thin, weak, nervous rundown persons. * * * to 
cast out the impurities from the system," were false, fraudulent, and mislead- 
ing, in that the said article contained no ingredients or combination thereof 
capable of producing the effects claimed.
On October 6, 1924, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
HOWARD M. GOBE, Secretary of Agriculture.