21242. Misbranding of Alberty's Anti-Diabetic  Vegetable  Compound  Cap¬
sules.     V.   S.   v.   34   Boxes   of   Alberty's   Anti-Diabetic   Vegetable 
Compound Capsules.    Default decree of destruction.     (F. & D. no.
30539.    Sample no. 41209-A.)
Examination of the drug product involved in this case disclosed that it 
contained no ingredient or combination of ingredients capable of producing 
the curative and therapeutic effects implied by the statement "Anti-Diabetic."
On May 29, 1933, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 34 boxes of Alberty's Anti-Diabetic 
Vegetable Compound Capsules at Minneapolis, Minn., alleging that the article 
had been shipped in interstate commerce, on or about April 5, 1933, by Alberty 
Food Laboratories, from Hollywood, Calif., and charging misbranding in viola- 
tion 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 powdered plant material including leaf, stem, and root 
tissues, and possibly a fruit or seed tissue.
It was alleged in the libel that the article was misbranded in that the state- 
ment regarding its curative or therapeutic effect, " Anti-Diabetic ", was false and 
fraudulent.
On July 31, 1933, no claimant having appeared for the property, judgment 
was entered ordering that the product be destroyed by the United States 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.