16405. Misbranding of Swaim's panacea. U. S. . v* 12 Dozen Bottles of 
Swaim's Panacea. Default decree of condemnation, forfeiture, 
and destruction.     (P. & D. No. 22804.    I.  S. No. 20743-x.     S. No. 842.)
On June 9, 1928, the United States attorney for the District of Porto Rico, 
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 12 dozen bottles of Swaim's panacea at San Juan, P. R., alleging that 
the article had been shipped by A. S. Wilson (Inc.), New York, N. Y.,; on or 
about May 12, 1928, from the State of New York into Porto Rico, and was being 
sold and offered for sale in Porto Rico by J. M. Blanco (Inc.), San; Juan, P.;R., 
and charging misbranding in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department Showed that it; con* 
sisted essentially of extracts of plant drugs, a trace of iodides, sugar, alcohol, 
and water.
It was alleged in.the libel that the article was misbranded in that the follow* 
ing statements regarding the curative and therapeutic effects of the said article 
were false and fraudulent, since it contained no ingredient or: combination of 
ingredients capable of producing the effects claimed: (Wrapper, Spanish);: "A 
medicine known forever 100 years for use in diseases of the blood. * . * * 
As * * * blood purifier. In public use since 1820 for the treatment of 
diseases of the blood. Also as * . * * blood purifier;" (circular, Spanish) 
" Swaim's Panacea. Useful as * * * blood purifier. Swaim's Panacea has 
challenged the test of almost a century, a test so severe that it showed up its 
true character, its use, its abuse and faults. . No medicine without merit can 
stand what can be said about Swaim's Panacea-^-that it has gone through every 
test successfully. * * * We have many testimonials, many of them so 
astonishing, that many a time it is difficult to believe their sincerity. Any- 
where where an investigation has been made, we have found <that the testi- 
monial was written in good faith, and what seems to be extravagant praises 
of the writer is only the sign of the great enthusiams, profound gratitude and 
high esteem felt for the medicine, by the use of which alleviation* has been 
assured." 
.;
; On, October 16, 1928, no claimant having appeared for the property, judgment 
of condemnation and forfeiture v^as entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.