18072. Misbranding of Dr. Herst's intestinal cleanser. TJ. S. v. 88 Pack- 
ages of Dr. Herst's Intestinal Cleanser. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 25821. I. S. 
No. 11960.    S. No. 3751.)
Examination of a sample of a drug product, known as Dr. Herst's intestinal 
cleanser, from the shipment herein described having shown that the label bore 
statements representing that the article possessed curative and therapeutic
properties which it did not, the Secretary of Agriculture reported the matter to . 
the United States attorney for the District of Colorado.
On February 2, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 88 packages of Dr. Herst's intestinal cleanser, remaining in the 
original unbroken packages at Denver, Colo., consigned by the Health Food 
Laboratories, Kansas City, Mo., alleging that the article had been shipped from 
Kansas City, Mo., on or about May 12, 1930, and had been transported from 
the State of Missouri into the State of Colorado, 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 ground plant material including senna, alfalfa, glycyrrhiza, 
chamomile, and anise.
It was alleged in the libel that the article was misbranded in that the fol- 
ldwing statements appearing on the labels, regarding the curative and thera- 
peutic effects of the said article, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: " Intestinal Cleanser Prepared for the Treatment of Constipation, 
Acidosis, Colitis, Stomach and Intestinal Troubles. A Non-Griping Natural 
Cleanser * * * Compounded * * * for the purpose of thoroughly 
cleansing the intestines and colon of all poisonous waste material. Dr. Herst's 
intestinal cleanser has * * * action with no * * * harmful effect. 
*    *    *   In chronic constipation    *    *    *   Life, Health, Energy."
On March 24, 1931, 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.
ARTHUR M. HYDE, Secretary of Agriculture.