14478. Misbranding   of   Tonico   Para   Los   Nervios.    U.   S.   v.   144  Bottles   o*
Touical Para Los Nervios (Tonico Para Los Nervios). Consent 
decree of condemnation and forfeiture. Product released under 
bond.    (F. & D. No. 20789.    I. S. No. 637-x.    S. No. W-1851.)       ,?   *;>-   ,;
On January 23, 1926, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure 
and condemnation of 144 bottles of Tonico Para Los Nervios, remaining in, 
the original unbroken packages at Los Angeles, Calif., consigned by the Henry 
S. Wampole Co., alleging that the article had been shipped from Baltimore, 
Md., on or about December 5, 1925, and transported from the State of Mary- 
land into the State of California, and charging misbranding in violation of the 
food and drugs act as amended. 
v
Analysis by the Bureau of Chemistry of this department of a sample of ther    ; 
article showed that it contained calcium, sodium, potassium and strychnine 
glycerophosphates, a trace of lecithin, sugar, alcohol, and water. 
j
Misbranding of the article was alleged in the libel for the reason that the 
labels containing the following statements, regarding its curative or therapeutic 
effect,  (bottle label, in Spanish)  "An efficacious remedy for nervous prostra- 
tion, nervous exhaustion, nervous debility, irritability caused by nervous tension,, 
insomnia,  hysteria,  etc.,"   (carton,  in   Spanish)   "An efficacious remedy for 
nervous   prostration   (neurasthenia),   nervous   exhaustion,   nervous   debility, 
irritability caused by nervous tension, insomnia, hysteria, etc.' *   *   ?*.  For 
all cases in which the nervous system has been debilitated and the resistance  ; 
lowered by excess of work," fatigue, excessive' preoccupations, deficienT^limeh-    T 
tation and excess of any kind," which statements were false and fraudulent, in     j 
that the said article contained no ingredient or combination of ingredients     ', 
capable of producing the effects claimed.   ' 
? 1.
On February 23, 1926, the Henry S. Wampole Co., Baltimore, Md., claimant, ] 
having admitted the allegations of the libel and having consented to the \ 
entry of a decree, judgment of condemnation and forfeiture was entered," and i 
it was ordered by the court that, the product be released to the said claimant j 
upon payment of the costs of the proceedings and the execution of a bond in. "J 
the sum of $75, conditioned in part that it be relabeled in a manner satisfactory ; 
to this department. 
' !
r   = 
W. M. JAEDINE, Secretary of AffricvMi^^W^