Z15684. Misbranding of 999 Nerve Tonic. TJ. S. v. 21 Packages of 999 Nerve?
Tonic. Default decree of condemnation, forfeiture, and destruc??
tion.     (F. & D. No. 22354.     I. S. No. 14194-x.     S. No. 397.)
On January 9, 1928, the United States attorney for the Western District of?
'Tennessee, acting upon a report by the Secretary of Agriculture, filed in the?
IDistrict Court of the United States for said district a libel praying seizure
350	
FOOD AND DKUGS ACT	
[N. J., P. D.
and condemnation of 21 packages of 999 Nerve Tonic at Memphis, Tenn.,?
alleging that the article had been shipped by the Combination Remedy Co.,?
from Pittsburgh, Pa., on or about November 23, 1927, and transported from?
the State of Pennsylvania into the State of Tennessee, and charging misbrand??
ing in violation of the food and drugs act as amended. The article was?
labeled in part: (Packages) "999 Nerve Tonic;" (box) "Nerve Tonic. The?
Ingredients from which these capsules are compounded have been used and?
prescribed for years for rundown systems and nervous disorders;" (display?
carton) ".999 Nerve Tonic Means Pep Vim Vigor 999 Nerve Tonic is a high?
class remedy for anyone with that tired, rundown feeling. It is especially?
suited for those cases, where the person doesn't have the pep they think they?
should have."
Analysis of a sample by this department showed that the article consisted?
of capsules containing zinc phosphide, ca,lcium sulphate, and extracts of nux?
vomica and damiana.
It was alleged in the libel that the article was misbranded in that the state??
ments regarding the curative or therapeutic effects of the said article were?
false and fraudulent, as it contained no ingredient or combination of ingredi??
ents capable of producing the effects claimed.
On April 24, 1928, 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.
W.  M. JARDINE,  Secretary  of Agriculture.