18395. Misbranding of Kobolo tonic.    U. S. v. 21 Bottles of Kobolo Tonic.
Default  decree  of  condemnation,  forfeiture,  and  destruction.     (F   &
D. No. 25750.    I. S. No. 14662.    S. No. 3971.) 
v
Examination of a drug product, known as Kobolo tonic, from the shipment 
herein described having shown that the bottle and carton labels bore state- 
ments representing that the article possessed curative and therapeutic prop- 
erties which it did not possess, the Secretary of Agriculture reported the matter 
to the United States attorney for the Eastern District of Wisconsin.
On January 20, 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 21 bottles of Kobolo tonic, remaining in the original unbroken 
packages at Milwaukee, Wis., alleging that the article had been shipped by 
M. J. Weiskopf, Chicago, Ill., on or about February 26, 1929, and had been 
transported from the State of Illinois into the State of Wisconsin, 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 iron citrate, methenamine, extracts of plant drugs including 
a laxative drug, alcohol, and water.
It was alleged in the libel that the article was misbranded in that the 
following statements regarding the curative or therapeutic effects of the said 
article, appearing on the bottle and carton labels, were false and fraudulent, 
since it contained no ingredient or combination of ingredients capable of pro- 
ducing the effects claimed: (Bottle) "Stomach Remedy * * * indispens- 
able to perfect digestion * * * for treating gastric ailments, Indigestion, 
Want of Appetite, Malarial Diseases, dispels Low Spirits and Nervousness, 
removes that tired feeling, Affections and Derangements of the Urinary OrKans. 
* * * sustaining the system during arduous labors and journeys. It stim- 
ulates respiration and the brain by increasing its blood supply, increases the 
heart action, and under its daily use a considerable extra amount of labor 
can be borne without suffering. It Will Purify The Blood. Bones, muscles and 
nerves receive new force, brain power is supplied, and health and vigor 
restored;" (carton) " For * * * Indigestion, Dyspepsia, * * * Chills 
and Fever, Female Weaknesses. All Derangements of the Stomach, Liver and 
Kidneys. * * * Aids Digestion, Strengthens the Entire System * * * 
Makes Good Blood, Restores Health and Strength, Improves Every Function of 
the Body; " (shipping carton) " Stomach Remedy." Misbranding was alleged 
for the further reason that the statement on the bottle label, " Guaranteed under 
the National Food & Drugs Act. June 30, 1906. Serial Number 14072," was 
false and misleading.
On May 13, 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.
ABTHXJE M. HYDE, Secretary of Agriculture.