18491. Misbranding of Nan's Dyspeptic Relief.    U. S. v. 36 Bottles of Nan's
Dyspeptic  Relief.    Default  decree  of   destruction  entered.     (F.  &
D. No. 25070. I. S. No. 018560. S. No. 3146.)
Examination of a drug product, known as Nau's Dyspeptic Relief, showed 
that the article consisted of a liquid and tablets intended to be used conjointly, 
both contained in a carton, and that the outer carton label, the bottle label, 
and the inner carton label bore statements representing that the article pos- 
sessed curative and therapeutic properties which it did not possess.
On August 23, 1930, the United States attorney for the District of Utah, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 36 bottles of the said Nau's Dyspeptic Relief, remaining in 
the original unbroken packages at Ogden, Utah, alleging that the article had 
been shipped by Prank Nau from Portland, Oreg., on or about March 15, 1930, 
and had been transported from the State of Oregon into the State of Utah, 
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 two preparations, one a liquid and the other tablets; the liquid con- 
sisted essentially of extracts of plant drugs including berberis and licorice, 
glycerin, alcohol, and water; the tablets contained bismuth subnitrate, sugars, 
a trace of ginger, and peppermint oil.
It was alleged in the label that the article was misbranded in that the fol- 
lowing statements regarding the curative and therapeutic effects of the said 
article, appearing in the labeling, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Outside carton inclosing liquid and tablets) "Dyspeptic Relief 
* * * for Relief in Stomach Troubles. * * * Intended for the Relief 
of Dyspepsia, Indigestion, * * * Waterbrash, Dilatation, and Catarrh of 
the Stomach. * * * Stomach Disorders * * * Distress after Eating, 
Returning of Pood into Mouth, Gnawing at Pit of Stomach, * * * Coated 
Tongue, Headache, Dizziness;" (bottle label) "Dyspeptic relief * * * 
for Stomach troubles. * * * Intended for the Relief of Dyspepsia, Indiges- 
tion, Waterbrash, Dilatation, and Catarrh of the Stomach;" (carton containing 
tablets) " Dyspeptic Relief Tablets to be taken in conjunction with the liquid 
medicine to assist in relief of stomach troubles, dyspepsia, indigestion, * * * 
dilatation and catarrh of the stomach   *   *   *   remedy."
On October 25, 1930, no claimant having appeared for the property, judgment 
was entered ordering that the product be destroyed by the United States 
marshal.
ARTHUR M. HYDE, Secretary of Agriculture.