20173. Misbranding of Vitalizing tablets.    U.S. v. 27 Packages of Vitalizing
Tablets.    Default   decree   of   destruction   entered.     (F.   &   D.   No.
27713.    I.S. Nos. 37231, 37232.    S. No. 5779.)
Examination of the drug product involved in this action disclosed that the 
article contained no ingredient or combination of ingredients capable of 
producing certain curative and therapeutic effects claimed in the labeling.
On February 29, 1932, the United States attorney for the Northern District 
of Alabama, 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 27 packages of Vitalizing tablets, remaining in 
the original packages at Birmingham, Ala., alleging that the article had been 
shipped in interstate commerce, in part on or about January 20, 1932 (1931), 
and in part on or about December 19, 1931, by the Parker Medicine Co., from 
Tampa, Fla., to Birmingham, Ala., 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 the tablets 
contained extracts of plant drugs including a laxative drug such as cascara 
sagrada, nux vomica, and damiana, and were coated with calcium and iron 
compounds.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative or therapeutic effects of the said article 
were false and fraudulent: (Tin carton) "Vitalizing Tablets for Weak Men 
and Women"; (circular) "Vitalizing Tablets The Greatest Kidney Remedy 
*    *    *   It Regulates the Kidneys and Stops You From Getting up at Night.
For Weak Men and Women * * * For Every Human Organ; Brain, Nerves, 
Liver, Kidneys, Bladder, Digestive, Sexual, Urinary Organs and the Blood. 
They are a Valuable Remedy in the Treatment of Impotency, General Nervous 
Debility, Insomnia, * * * Tired Feeling, Low Spirits. They Give Vim, 
Vigor, Courage, Vitality and New Life. * * * For Weak Men * * * 
For Weak Men * * * Vitalizing Tablets relieve Constipation and Indiges- 
tion, Impart Confidence and Courage, Exhilarates Mind and Body, Nerves, Liver 
and Kidneys; Assist Ambition, Energy, Power, Lost Vitality and Impotency; 
and gives Vigorous Activity to Urinary and every human organ. For Weak 
Women A Female Regulator for Suppressed and Painful Menstruation, 
Leucorrhea and other ills peculiar to their sex. They relieve Impotency, In- 
somnia, Nervousness, Indigestion, Headache, Constipation, Tired Feeling, and 
Low Spirits. They assist in Restoring to Nature and Comfort, Relief and Sleep, 
Rest and Vitality. They bring Bloom to Pallid Cheeks, Joy to sad Hearts, Im- 
part New Vim and Vigor and give New Lease on Life. * * * Vitalizing Tab- 
lets first act upon the Liver, cleansing the system of accumulated bile; removes 
impurities from the Blood through the Bowels, Stomach, Lungs, Kidneys and 
Skin; Stimulates the Brain and General Nervous System by their Tonic Effect, 
and sets every part of the body to work in the right way. * * * Vitalizing 
Tablets Have No equal as a Liver, Kidney and Blood Medicine, Mental Invigora- 
tor, System and Nerve Tonic. They are superior * * * in the treatment of 
Impaired Vigor, Impotency, Indigestion, * * * and General Nervous Debility. 
They give Permanent Relief * * * [Testimonials] 'Being run down from 
overwork and irregularity of meals, I was advised * * . * to try * * * Vi- 
talizing Tablets. * * * having used the same for three months I * * * 
feel like a new man. I have gained seventeen pounds, and my appetite is 
increasing every day, and I can now sleep well at night.' ' * * * have re- 
ceived permanent good from their use. * * * relieved me of that tired worn 
out feeling and general nervous debility, from which I suffered.' ' * * * the 
longer I take them the better I feel. My appetite is fine, my rheumatism is 
better, and I feel so much relieved.' * * * 'They have * * * a sooth- 
ing effect on me, * * * I sleep soundly now * * * I have gained in 
weight and improved ***.''*** Vitalizing Tablets for weak women. 
For five years life has been a burden to me, but since I commenced using the 
Tablets I feel like a girl of sixteen, but really am forty-two. * * * do much 
good for suffering women.' * * * 'I was suffering intensely with indiges- 
tion and kidney trouble, * * * but found no relief until I obtained and 
took * * * Vitalizing Tablets They * * * gave prompt relief and 
comfort. I had previously suffered fourteen years and was most of the time 
unable to do business, but the Tablets vitalized me and gave me new life.' 
* * * ' i was suffering very much in various ways when I * * * im- 
mediately began to find relief.' * * * ' My son * * * was all run down, 
could retain no food on his stomach, had no control of his intestines, too weak 
to try to work. * * * I got * * * Vitalizing Tablets which he com- 
menced taking, and he soon began to improve. * * * in health and strength 
sufficiently to return to work. He is now fat and strong and * * * Vital- 
ized indeed.'"
On September 13, 1932, no claimant having appeared for the property, judg- 
ment was entered ordering that the product be destroyed by the United States 
marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.