19068. Misbranding of Humphrey's bromated pepsin. TJ. S. v. 29 Bottles of 
Humphrey's Bromated Pepsin. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 27064. I. S. No. 38172. 
S. No. 5308.)
Examination of a drug product, known as Humphrey's bromated pepsin, 
showed that the bottle and carton labels and the accompanying circular 
contained statements representing that it possessed curative and therapeutic 
properties which, in fact, it did not possess. The purported beneficial effects 
were ascribed largely to the pepsin alleged to have been contained in the 
article, whereas it contained no pepsin.
On October 13, 1931, the United States attorney for the Eastern District 
of New York, 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 29 bottles of Humphrey's bromated pepsin, re- 
maining in the original packages at Brooklyn, N. Y., consigned by the Humphrey
Drug & Chemical Co., alleging that the article had been shipped from Newark, 
N. J., on or about June 8, 1931, and had been transported from the State of 
New Jersey 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 essentially of acetanilid, sodium bicarbonate, sodium acid tartrate, sodium 
citrate, citric acid, small proportions of sodium bromide, caffeine, and a bis- 
muth compound, and sugar, flavored with methyl salicylate. Test for pepsin 
was negative.
It was alleged in the libel that the article was misbranded in that the 
designation " Bromated Pepsin," appearing on the carton, bottle labels, and in 
the circular, the statement on the carton and bottle label, " Contains all the 
active principles necessary to perfect digestion," and the statements in the 
circular, to wit, " The pepsin used in its manufacture is of the highest trade 
asceptic pepsin, which is sixty times as strong as the ordinary saccharated 
pepsin, one grain of which will digest three thousand times its weight of 
albumen in the stomach   *    *    *   without injury to the most delicate stomach.
* * * Pepsin The beneficial action of Pepsin in the stomach is so well known 
as to scarcely require mention," were false and misleading for the reason that 
the article did not contain pepsin. Misbranding was further alleged for the 
reason that the statements regarding the curative or therapeutic effects of the 
article, appearing on the bottle and carton labels and in the accompanying cir- 
cular were false and fraudulent, since the article contained no ingredient or 
combination of ingredients capable of producing the effect claimed: (Bottle 
label) "A reliable Remedy for * * * Indigestion, Dyspepsia, * * * 
Nausea, Nervous Debility, and Excesses of all kinds. Taken after meals it 
aids Digestion, causing a more complete assimilation of the food. * * * 
contains all the active principles necessary to perfect digestion, * * * It 
is pleasant to take and will not injure the most delicate stomach. * * * 
Whenever there are symptoms of * * * gastric troubles of any kind;" 
(carton) "A Reliable Remedy for * * * indigestion, Dyspepsia, * * * 
Nausea, * * * Nervous Debility and excesses of all kinds. Taken after 
meals it aids Digestion, causing a more complete assimilation of the food.
* * * stomach disorders. * * * and will not injure the most delicate 
stomach. * * * whenever there are symptoms of * * * gastric troubles 
of any kind; " (circular) " For The Immediate Relief of * * * Indigestion 
or Dyspepsia, * * * Biliousness, * * * Nausea, Sleeplessness, Nervous 
Debility and Excesses of All Kinds. Taken after meals it aids Digestion by 
preventing fermentation, causing a more complete assimilation of the food. 
In Liver and Kidney Disease it is invaluable as a solvent of Uric Acid and 
Gall Stones. It is the Ne Plus Ultra of Head and Stomach Remedies * * * 
contains the active principles necessary to perfect digestion, and for the 
immediate relief of * * * and Indigestion. * * * has a specific action 
on the nervous system, allaying nervous excitability; for this reason it is a 
favorite remedy with that class of persons known as ' brainworkers.' Its action 
in allaying gastric disturbances of any kind is prompt and efficient. As 
an antidote for nausea, or lack of appetite in the morning, induced by over- 
indulgence in food or stimulants during the night, it is unsurpassed. * * * 
Women who suffer from nervousness, hysteria, physical fatigue from standing 
too long or from shopping, will find immediate and refreshing relief from 
its use. It is a remedy par excellence for overworked Clergymen, Physicians, 
Lawyers, Editors, Teachers, Actors, and all who are subject to great mental 
strain or suffer from nervous irritability of any kind. * * * Delicate per- 
sons suffering from vomiting, and other gastric disturbances are usually 
afforded prompt relief upon its administration. The most common cause of 
gastric and intestinal inflammation is undigested, or partly digested and 
fermented milk and food in the stomach, the decomposition of which develops 
ptomaines and other toxic germs; pepsin will remove the cause by digesting 
the fermented and undigested food, thereby relieving the cause of gastric 
irritation. Its happy combination in a highly concentrated form, with an 
agreeable effervescent salt having as powerful an effect orer * * * in- 
digestion,  is  one  of  the  great  triumphs  of  the  chemist's   skill.   Directions
* * * For Indigestion, Dyspepsia, * * * For * * * Nausea or 
Seasickness."
On November 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.
ABTHUB M. HYDE, Secretary of Agriculture.