18688. Misbranding of Tuttle's family elixir. U. S. v. 1% Dozen Bottles of 
Tuttle's Family Elixir. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 26326. I. S. No. 29124. S. No. 
4641.)
Examination of samples of the drug product, Tuttle's family elixir, having 
shown that the bottle and carton labels and the circular contained statements 
representing that the article possessed curative and therapeutic properties which 
it did not possess, also that the labeling failed to bear a statement of the 
quantity or proportion of alcohol contained in the article, the Secretary of Agri- 
culture reported the matter to the United States attorney for the Southern Dis- 
trict of New York.
On May 5, i931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemnation 
of one and one-half dozen bottles of the said Tuttle's family elixir, remaining in 
the original unbroken packages at New York, N. Y., alleging that the article had 
been shipped by the Tuttle's Elixir Co., Boston, Mass., on or about April 6, 
1931, and had been transported from the State of Massachusetts into the State 
of New York,, 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 volatile oils including camphor and a coniferous oil, ammonia,, ox gall, 
alcohol (29.8 per cent by volume), and water.
It was alleged in the libel that the article was misbranded in that the carton 
failed to bear a statement of the quantity or proportion of alcohol contained 
therein. Misbranding was alleged for the further reason that the following 
statements appearing in the labeling, regarding the curative or therapeutic 
effects of the article, were false and fraudulent, since it contained no ingredient 
or combination of ingredients capable of producing the effects claimed: (Bottle 
label) "Lameness and Joint Affections * * * Recommended for Cholera 
Morbus, Diarrhoea, Lameness, Neuralgia, Toothache, Headache, Earache, 
Croup, Caked Breasts, Lame Back, Pain in the Side, Corns, Bunions, Chilblains, 
Contracted Cords. Directions for Use; " (carton) "For Pains, Lameness, Stiff 
Joints, Sore Throat, * * * Etc.;" (circular) '?Testimonials * * * 
After suffering with inflammatory rheumatism till I was crooked and bent, 
with hands enlarged and fingers twisted out of shape, I know something of 
the intense pain and agony that dread disease inflicts. For the past three years 
I used crutches, and was unable to dress myself. Five different physicians 
tried their skill on me, and each decided I was incurable. I was simply in 
despair, and hoped for death as a relief from my misery. A friend advised me 
to try Tuttle's Elixir. I had used so much medicine that I hated to touch a 
bottle, but to my surprise I found that it relieved me within three days. The 
pain had subsided, and after the constant application of the Elixir for five 
weeks, the pain had left me entirely. I now walk without crutches, and can 
dress and care for myself. * * * for the instant relief and speedy cure 
for poisoning from the Gypsy and Brown Tail Moths. I tried many different 
preparations but received no benefit from any of them; but after applying your 
Elixir three times the irritation, itching and swelling was all gone and I will 
be pleased to tell anyone of my experience with your Elixir. * * * I have 
been sadly afflicted with rheumatism in my feet for several months, and suffered 
great pain, so much so?j it was with great difficulty that I could walk. I con- 
sulted several physicians, and tried every remedy of which I could hear, but 
experienced very little, if any, relief and became quite discouraged. One day I 
chanced to meet a friend who recommended Tuttle's Elixir, and advised me to try 
it. I did so and have used three bottles of it. My pain and lameness is all gone, 
and feel that I am myself once more, and I heartily recommend Tuttle's Elixir to 
all who are afflicted with Rheumatism. * * * You asked me to write after 
using the Family Elixir on myself two weeks. In reply, it affords me much 
pleasure to inform you that I am much improved, I feel rejoiced in making 
such an improvement in so short a time, after spending hundreds of dollars 
for medical aid, besides being informed that my case was incurable. I am 
using the medicine both internally and externally, according to your directions. 
In short, I am beginning to feel natural, like I did in my boyhood days. * * * 
I had a very bad attack of rheumatism last August, and after using only one 
bottle of your Elixir I was immediately relieved. I can heartily recommend 
your remedy to any one suffering from rheumatism. * * * It affords me 
great pleasure to inform you that I have used your Elixir for rheumatism when 
I have been confined to my bed, unable to be moved, and suffered intense pain. 
After quite a period I was advised to try your Elixir for same, and called my 
doctor's attention to the fact. He said I might as well rub it on a post as to 
rub it on myself-the results would be the same. Nevertheless, I bought a 
bottle of it and in three days was able to be out, and I have now recommended 
it to my friends and neighbors who would not be without it in their houses. 
* * * I have been suffering for nearly fifteen years from neuralgia in. the 
head, and have tried various medicines for same, but have always had no results 
to speak of as being good ones. Finally I tried your Elixir, and it affords me 
great pleasure to say that the benefit that I received from it was astonishing 
to me. I have used several bottles of it and am now entirely cured. * * * 
Allow me to tell a big story in regard to your Elixir. When you told me the 
other day that if I would call and get a bottle and use it for one day, if I was 
not cured you would give me $100. I thought to have some sport with, yon, 
but I will now testify very much to my surprise, that the rheumatism has all 
gone from my ankles, and I was able to walk as usual. I am sorry to lose the 
one hundred dollars, but glad to be well again. * * * I have been confined 
to my bed by rheumatism, and was unable to attend to my duties, which .were 
to take charge of a department in the machine shop, and was likely to lose my 
situation through my absence. After two months' illness, I was advised by a 
friend to try your Elixir. I did so. It relieved me after the first application. 
I wa& able the next day to go out, and have never lost a day's work; since, and
am now entirely well. * * * I have been a sufferer from rheumatics and 
all joint complaints for over fifteen years. My friends pitied me, for I had 
tried all the doctors around us, but could not find any relief. After my last 
attack I could not raise my head from my pillow without taking my hands to 
raise it. During the day I got so I could move about, ,and I met a friend who 
said: ' Robert, you do look bad. My mother's son, Lewis, had sent him some 
medicine from New York, and brother John died before it reached him. The 
directions say it is good for all complaints, and I am going to ask my sister- 
in-law to give me one of the bottles for you.' She did so. I then read your 
directions on the box, and tried it on going to bed that night, in which I found 
a great relief, and on the third day I was a different man. I then sent and 
bought the other three bottles, but have only used one more, making two bottles, 
and to-day I consider myself a well man. I also recommended it to all my 
friends around, and was forced to give the balance of the medicine to others 
who have been suffering, also, and who are quite well to-day. * * * my 
wife, who was suffering severely with rheumatism or neuralgia in her 
back and head, and was unable to sleep, and was getting in a bad state. 
From the first application by rubbing the pain began to leave, and she 
had a good sound sleep.   Also a gargle of the Elixir relieved her of a sore throat.
* * * Happening to see me one day, and noticing a big bunch or bunion on 
the first joint of the first finger of my right hand, caused by the long use of 
the blacksmith's hammer, your agent, Mr. John R. Lockwood, persuaded me 
to try your Elixir on it. This I was willing to do, as the bunion was sore and 
very troublesome, and getting more so; but I was surprised to find that one 
bottle removed the bun on entirely. * * * Gives Relief From Pain * * * 
For Pains, Lameness, Stiff Joints, Sore Throat. * * * Read these Testimo- 
nials Directions For Using * * * Lameness And Joint Affections: Rub 
the parts freely with the Elixir, * * * Take ten to twenty-five drops before 
each meaL * * * Sore Throat: Bathe the throat with full strength Elixir. 
Gargle often with a solution of the Elixir made by one part Elixir to six 
parts of water. * * * Cholera Morbus: * * * Caked Breasts: * * * 
Lame Back:    *    *    *   Asthma:    *    *    *   Croup:    *    *    *    Sick Headache:
* * * Coughs: * * * An Ordinary Headache: * * * For seventeen 
years I experimented continuously with doctors and remedies in a vain attempt 
to find something which would relieve the pains in my chest, which tortured me 
day and nietfit. At the end of that time I tried your Elixir. The very first appli- 
cation by means of hot flannel cloths, cave me my first real relief. Since then 
I have used it with increasing benefit and satisfaction    *    *    *    recommended
* * * The gout came on very suddenly while at business. I met a friend 
who recommended Tuttle's Elixir, and I bought a bottle, and after using it 
for three days I was back in the city, ready for business again. * * * I wish 
to add my testimonial to your list, in commendation of your Family Elixir for 
rheumatism. I was so badly off that I feared being a cripple. My limbs and 
joints were badly swollen, and very painful and it was with difficulty that I 
could get about, when Mr. Barrows of Jamaica * * * asked me to accept 
and try a bottle of your Family Elixir. I tried it according to directions for 
three days, and at the end of that time there was such improvement that I was 
amazed I have only used about two-thirds of a bottle, and am entirely rid of 
pain and lameness. * * * My wife had the rheumatism so badly that she 
could hardly walk around the floor, and my daughter advised me to get a bottle 
of Tuttle's Family Elixir, which I did. I used it according to directions, and 
she got rel'ef almost immediately. In a week or ten days the rheumatism had 
wholly disappeared, and I consider it one of the best household remedies which 
is on the market.    *    *    *   What it has done for others it will do for you.
* * * Tuttle's Elixir has proved very beneficial to members of my family 
in cases of colic and indigestion. Also to apply externally for lameness and 
neuralgia. I can recommend it highlv. * *; * I had a very severe attack 
of inflammatory rheumatism about four months ago, and was under best med- 
ical attendance for over a month, but I did not seem to get any relief. Having 
used three bottles of Tuttle's Family Elixir, T received not only relief, but believe 
I am permanently cured. * ? * * I have suffered with neuralgia for years, 
and I could find nothing to relieve me. The powerful applications I used even 
caused mv hair to fall out on both sides. I was advised to use tour Elixir, 
which I did. and to my great surprise it not only stopped the pain, but has also 
caused the hair to grow again. * * * I had an attack of rheumatism last 
June. Coultf not get out of bed. It was in my knee joints. I used your Elixir 
and was cured in six days. Have not had an attack since. Also, has proved a 
valuable remedy for swollen joints and chilblains."
On June 8, 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. 
'  .
ABTHUB M. HYDE, Secretary of Agriculture.