21981. Misbranding of Dr. Jayne's Bryo-da Tonic Pills. U. S. v. 2T Pack- ages of Dr. Jayne's Bryo-da Tonic Pills. Default decree of con- demnation, forfeiture, and destruction. (F. & D. no. 31190. Sample no. 37882-A.) Examination of the drug product involved in this case disclosed that it con- tained no ingredient or combination of ingredients capable of producing certain, curative and therapeutic effects claimed on the bottle and carton labels and in a circular shipped with the article. The circular also purported to declare the- formula of the article. Analysis showed that this printed formula was incor- rect and incomplete. On or about December 28, 1933, the United States attorney for the District of Maryland, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 27 packages of Dr- Jayne's Bryo-da Tonic Pills at Baltimore, Md., alleging that the article had been shipped in interstate commerce on or about November 17, 1933, by Dr. D* Jayne & Son, Inc., from Philadelphia, Pa., 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 iron powder (0.039 gram per pill), calcium and manganese glycerophosphates, copper sulphate, and extracts of plant drugs, including red pepper and nux vomica. It was alleged in the libel that the article was misbranded in that the follow- ing statements appearing in the circular were false and misleading, since they were neither correct nor complete statements of the ccanposition of the pills: Formula—Each Pill Contains : Ferr. Reduct .0162 Gm. Calc. Glycerophos .0646 Gm. Ext. Nux From .0020 Gm. Oleores Capsic .0016 Gm. Ext. Gentian .0081 Gnu. Pulp. Glycrrh., Acac. & Sracros. Q. S .3050 6m. Misbranding was alleged for the further reason that the following state- ments regarding the curative and therapeutic effect of the article were false- and fraudulent: (Bottle label) "Enriches Blood * * * Renews Vitality * * * enriches the blood, restores appetite, increases weight, strength and vitality. Splendid for nervous and physical exhaustion and general debility "; (carton) "For Blood Building * * * for Red Blood Vitality * * *= Beauty for Underweight Anemia * * * Chronic Fatigue * * * For Weak Thin Nervous Men and Women * * * Strength for Underweight Low Vitality Chronic Fatigue"; (circular) "Reconstructive * * * A Sys- temic Aid for General Run-down Conditions, Lack of Vitality, Weakness and Loss of Appetite. * * * Rich, red blood is absolutely necessary to health and strength and as Iron is a most essential factor in making and maintaining- rich, red blood, it is easy to see how important it is that the proper amount of Iron is constantly maintained in the human system. Under normal condi- tions the Iron necessary to supply the blood is absorbed from certain of the- foods one eats, but when from Overwork, Illness, Loss of Blood (either from natural or accidental causes) and insufficient food, due to lack of appetite,, the Iron necessary to supply the blood is deficient. The ordinary diet will not supply Iron rapidly enough and it therefore must be introduced into the- system rapidly. This is the purpose of Bryo-da which contains Reduced Iron, the form in which Iron is most easily absorbed into the human system. Reduced Iron, when absorbed into the system, appears as a component in .he Red Cells of the Blood—that all important strength bearing fluid that lows through every muscle, organ, tissue and bone carrying in it the elements necessary to replace those worn out by overwork, worry and disease. A per- son, either adult or child, without sufficient Iron in their Blood, becomes pale and listless, lacks-energy and endurance—is usually under their proper weight, las a * poor appetite and feels tired all the time. Dizziness and ' light-diead- ¦dness' are often symptoms of lack of sufficient blood. Young girls just naturing, children who are ' out-growing their strength ' must have rich blood— )locrd with Iron in it; and a good healthy appetite for food that will build ip their strength and supply the necessary materials for their nerves, muscles md bones. * * * helps to build up wasted tissues. * * * Pregnant women have a heavy drain on their systems, as they must supply blood and one tissue nourishment to their unborn child. New mothers are often ex- musted after child-birth and need a suitable nonalcoholic tonic to rebuild heir strength. Bryo-da supplies all the elements most needed in the human system * * * As the conditions for which Bryo-da is recommended are usually of slow development, it must not be expected that immediate improve- ment will follow the first doses, but within a few days an increase of appetite will be noted—which is an indication that the treatment is beginning to take effect. Bryo-da should be taken regularly every day—two Pills before each meal (three times a day) without fail, * * * Children must be given one .Mil at a dose, if they resent taking the regular doses. The treatment should ie continued for at least a month—and longer if possible * * * the im- proved condition of the user." On February 7, 1934, no claimant having appeared for the property, judg- ment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. M. L. WILSON, Acting Secretary of Agriculture.