14730. Misbranding  of Moore's  Liver-Ax.     U.  S. v.  7  Cases  ol Moore's  Iiiver- 
Ai.     Default decree of condemnation, forfeiture and destruction.
(F. & D. No. 20940.    I. S. No. 12132-x.    S. No. C-4993.)
On March 20, 1926, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying seizure and 
condemnation of 7 cases of Liver-Ax, remaining in the original unbroken pack- 
ages at Chicago, Ill., alleging that the article had been shipped by the Mount 
Grove Grocery Co., from Mount Grove, Mo., February 9, 1926, and transported 
from the State of Missouri into the State of Illinois, and charging misbranding 
in violation of the food and drugs act as amended.
Analysis by the Bureau of Chemistry of this department of a sample of the 
article showed that it was an extract of laxative plant drags in a mixture of 
water and alcohol.
Misbranding of the article was alleged in the libel for the reason that the 
following statements, regarding the curative or therapeutic effects of the said 
article, borne on the label: (Bottle) " Liver-Ax Acts On The Liver * * * An 
invaluable Remedy for the Treatment of Liver Disorders, Billiousness * * * 
Headache. Indigestion and Stomach Troubles Better Than Calomel * * * 
For Habitual Constipation * * * to produce healthy action until bowels 
are regulated * * * For Headaches, Colds and Fever * * * For Indi- 
gestion." (carton) " ' It Touches The Spot' * * * Liver-Ax Acts On The 
Liver    *    *    *    A Key To The Liver    *    *    *    Of Known Relief In Cases Of
* * * Biliousness Indigestion Sick Headaches And Stomach Complaints," 
(similar statements in foreign languages) "Sensible People No longer use 
Calomel * * * they can get the same results that Calomel will give, by 
taking Moore's Liver-Ax    *    *    *    There Is Life and Health in every drop
* * * Nobody can be perfectly happy without good health. Half sick people 
by the score go through life disheartened and not conscious of the fact that 
relief can be secured and their burden made lighter. Nearly always the source 
of sickness can be attributed to a diseased condition of the Liver. The way 
to overcome this and be well and strong is to keep a bottle of Moore's Liver-Ax 
always in reach. * * * We know that if your Liver is not acting as it 
should, that you need Moore's Liver-Ax, it will do you more good than any- 
thing else, it will not only turn your liver over, but it will tone it up,'' (circu- 
lar) " This preparation is one of unusual merit * * * giving the public 
more and better relief than * * * using harsh and frequently very dangerous 
drugs, whose only relief at the best can be but temporary, and whose effect is 
but to aggravate the system by over-exertion, thereby leaving it in a weakened 
condition. * * * action is identical with the action of calomel * * * It 
has long been a mistaken idea that calomel is the only medicine that would
. cause the liver to throw off its excess bile and clean out the decomposed matter 
from the bowels and intestines. Moore's Liver-Ax will do this and do it 
better * * * without the users having to restrict themselves as to diet and 
habits. Very often the use of calomel and pills, which are oftentimes more 
harmful than calomel, while giving perhaps temporary relief, will have a 
tendency to constipate the system, rather than cure Constipation, by over- 
exerting the organs, shocking the liver and leaving it in a very sluggish and 
inactive condition, and nature generally depressed. It is positively criminal to 
use castor oil when you can secure a better preparation    *    *    *    Epsom Salts
1
is of little value, as it does not touch tlie liver. Moore's Liver-Ax is a perfect 
substitute for the drugs, acts better, and is better. It will tone up the system 
and give new life to the organs, assists nature and gives strength and vitality 
to the liver. * * * If * * * your system is congested * * * this 
preparation will relieve this condition * * * Chronic Constipation is fre- 
quently the result of too often use of powerful drugs such as calomel, pills 
that are composed of poisonous and hard-acting drugs that have a tendency 
to disorder the bowels rather than keep them in a healthy and regular action. 
Moore's Liver-Ax acts gently but surely, assisting nature and strengthening the 
organs that have been overworked and weakened. For Chronic Constipa- 
tion. * * * For headaches, dizziness and swimming in the head * * * 
For colds * * * Children should be given this preparation for their little 
ailments instead of calomel * * * give them just enough to produce de- 
sired results," (similar statements in foreign languages) were false and fraudu- 
lent, in that the said statements were applied to the article so as to represent 
falsely and fraudulently to purchasers thereof, and create in the minds of such 
purchasers, the belief that the said article would be effective as a remedy for 
the several diseases, ailments and afflictions mentioned upon the labels, whereas, 
in truth and in fact, it contained no ingredients or medicinal agents effective 
for the said purposes.
On November 4, 1926, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.