17849. Misbranding of Anti-Phymin. TJ. S. v. 15 Bottles, et al., of Anti- 
Phymin. Default decrees of destruction entered. (F. & D. Nos. 
25076, 25077.    I. S. No. 6375.    S. No. 3359.)
Examination of samples of a drug product, known as Anti-Phymin, from the 
lierein-described interstate shipment having shown that it was not a compound 
of essential atmospheric elements, as claimed in the label, and that the said 
label bore claims of curative and therapeutic properties that the article did not 
possess, the Secretary of Agriculture reported the matter to the United States 
.attorney for the Southern District of Alabama.
On or about August 26, 1930, the United States attorney filed in the United 
Stares District Court libels praying seizure and condemnation of 30 bottles of 
Anti-Phymin at Mobile, Ala., alleging that the article had been shipped by R. E. 
Maclntire & Co., from Pensacola, Fla., on or about February 10, 1930, and had 
lieen transported from the State of Florida into the State of Alabama, 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 of sulphur dioxide (0.17 per cent), nonvolatile matter (0.02 per cent), 
and water (99.8 per cent).
It was alleged in the libels that the article was misbranded in that the 
statement on the label of the bottle, "Anti-Phymin is a compound of essential 
atmospheric elements," was false and misleading. Misbranding was alleged 
for the further reason that the following statements borne on the bottle label, 
regarding the curative or therapeutic effects of the article, were false and 
fraudulent, since it did not have the curative or therapeutic value claimed by 
the said statements: "A * * * preparation for internal and external use 
which effectively controls the bacterial fermentation of waste organic matter 
in or about the body, the healing gas * * * In the control of fermentation 
lies the secret of the control of disease. For external use Anti-Phymin should 
Tse used in any condition causing or likely to cause pain, soreness or inflam- 
mation apply * * * to the part affected and keep same wet with Anti- 
Phymin.'-
On November 12, 1930, no claimant having appeared for the property, judg- 
ments were entered ordering that the product be destroyed by the United States 
marshal
ARTHUR M. HYDE, Secretary of Agriculture.