22013. Misbranding of  Ner-Vita.    IT.  S. v.  12 Bottles  of Ner-Vita.     Default 
decree of condemnation, forfeiture, and destruction.     (F.  & D. no.
31166.    Sample no. 14108-A.)
Examination of the drug product, Ner-Vita. disclosed that it contained no 
ingredient or combination of ingredients capable of producing certain curative 
and therapeutic effects claimed in the labeling.
On September 30, 1933, the United States attorney for the Western District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 12 bottles of Nep- 
eta at San Antonio, Tex., alleging that the article had been shipped in inter- 
state commerce on or about July 15, 1933, by the Huxley Laboratory, Inc., 
from New York, N.Y., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Ner-Vita * * * 
Anglo-American Pharmaceutical Corporation."
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of calcium, iron, manganese, sodium, and potassium glycero- 
phosphates and formates, strychnine, glycerin, sugar, and water.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding the curative and therapeutic effects of the article, 
appearing in the labeling, were false and fraudulent: (Wrapper label) 
" Ner-Vita   *    *    *   A   Tonic   of   Vitality   for   Rebuilding   Weak   Nerves
* * * Ner-Vita * * * ' per-Vita is a food for the nerves and a 
nutritive tonic, giving in an ideal form the phospho-proto-plasmic elements 
which are so important. * * * for the formation of new blood, strengthens 
and fortifies the nerves and muscles. * * * assists the digestion and in- 
vigorates the brain. * * * 'Ner-Vita'"; (bottle label) "Ner-Vita * * * 
Ner-Vita is a Food for the Nerves and a Nutritive Tonic. For Anemia, Loss of 
Appetite, Debility. * * * Ner-Vita"; (carton label) "Ner-Vita * * * 
A food for the nerves and a nutritive tonic giving in an ideal form the phos- 
phatic, protoplasmic elements which are so important. * * * For the 
Blood, the Nerves and the Brain. Useful in the treatment of Neurasthenia, 
Intellectual Incapacity, Muscular Debility, Anemia, etc. Ner-Vita * * * 
for nervous debility. * * * Ner-Vita"; (large circular) " Ner-Vita * * * 
a food for the nerves and a nutritive tonic, giving in ideal form the important 
phosphatic, protoplasmic elements. * * * Ner-Vita * * * alimentary 
and reconstituent action * * * Cases for Which the Ner-Vita of Dr. 
Huxley Is Prescribed.    General Debility and Any Condition of Exhaustion.
* *    *   Anemia.   Insufficient Alimentation.   Chlorosis.   Insomnia of Nervous
Origin. Nervous Depression and Irritability. Neurasthenia and Other Dis- 
eases of the Nervous System. * * * Cerebral Debility. Lack of Appetite. 
General Debility: When one experiences a sensation of fatigue in the brain, 
when even to think is an effort, when sufficient energy is lacking to carry to a 
conclusion the activities of daily life, when fatigue easily invades the body 
and the strength disappears, there is no doubt that the organism is lacking in 
vitality. * * * almost always occurs after a disease or as the result of 
excessive work, abuses, mental suffering and preoccupations. As soon as one 
experiences these symptoms he should take Ner-Vita of Dr. Huxley regularly 
and constantly. The beneficial effects of the Ner-Vita will be manifested in 
a surprisingly short time, the body will recover its strength, the muscles their 
resistance and elasticity and the Wain its lucidity. If one ignores this condi- 
tion of the organism it is almost certain that serious diseases will occur which 
are easily contracted owing to a lack of energy to combat them and naturally 
difficult to eradicate because of the weak condition of the patient. Convales- 
cence : During the long and tedious period when the organism has been debili- 
tated by the struggle which it waged with the disease; the Ner-Vita of Dr. 
Huxley rapidly restores the lost strength. The color will return to the 
cheeks, there is a rapid gain in weight and the general condition of the patient 
will improve in a surprising manner. Anemia: Anemia is a condition in 
which the blood is deficient in quality or quantity due to debilitating diseases 
or an insufficiency of red corpuscles. Anemia is characterized by pallor of 
the skin, languor, frequent yawning and muscular debility. In cases of 
anemia the Ner-Vita of Dr. Huxley will supply the elements essential for in- 
creasing the red corpuscles of the blood. It stimulates the circulation and 
the muscular activity, * * * appetite, and the patient gradually experiences 
improvement and a general feeling of well-being. Some persons do not attach 
much importance to anemia but it is nevertheless one of the diseases which 
requires the greatest care because if it is not combated in due time it may 
degenerate into the serious forms of anemia such as pernicious anemia, cere- 
bral anemia and various others of a fatal nature. Insufficient Alimentation: 
In medicine ' insiifficient alimentation' or ' malnutrition' does not necessarily 
mean to eat little. It is possible to eat with an excellent appetite and yet to 
experience the symptoms of insufficient alimentation which is manifestecl by 
loss in weight, lack of energy and a general condition of debility. In children 
and persons of advanced age this condition is very frequently produced by 
imperfect assimilation of the food and the organism therefore does not take 
from it the required amount of alimentary substances. The Ner-Vita of Dr. 
Huxley supplies these substances to the organism in addition to stimulating 
the digestion and the system in general, very important factors in the treat- 
ment of cases of insufficient alimentation. Chlorosis: Chlorosis is a peculiar 
species of anemia commonly known as ' green sickness' on account of the 
greenish pallor which the skin acquires and which chiefly attacks young people 
at the age of puberty. Other symptoms are depression of the appetite with 
digestive disorders, general debility, nervous alterations, and in some cases 
difficult and painful menstruation. Ner-Vita of Dr. Huxley is likewise of 
great value in the treatment of chlorosis, enriching the blood and nourishing 
the tissues. Neurasthenia and Nervous Disorders: The majority of physicians 
place all nervous disorders in the category of neurasthenia, since in describing 
the causes, symptoms and treatment of neurasthenia it may be said that they 
embrace all the manifestations of the nervous system. Those persons may be 
regarded as neurasthenic who, without cause or special disease, suffer with 
physical fatigue, melancholia, languor, insomnia, impotency, serious depression 
of the vital forces and loss of appetite. The mental disturbances of neuras- 
thenia manifest themselves in the form of irritability, difficulty in concen- 
trating the thought, vague memory, exaggerated susceptibility and a great 
tendency to imagine one is the victim of all sorts of diseases. Neurasthenics 
embitter their life and the lives of those associated with them. Ner-Vita of 
Dr. Huxley is recommended for the treatment of neurasthenia and other 
nervous disorders of the same nature. The acid glycerophosphates in the 
form of Ner-Vita of Dr. Huxley are extremely helpful in nourishing the nerv- 
ous system and the brain. For Mothers: An excessive demand on the vital 
forces always produces a condition of debility and if there is any time when 
the mother is subjected to excessive losses it is during the periods of preg- 
nancy and nursing when she has need of all the energy which her organism 
is able to produce. * * * reconstituent * * * the Ner-Vita of Dr. Hux- 
ley is ideal for supplementing the special diet which mothers observe during
these periods, rendering valuable assistance in sustaining the vitality and con- 
sequently the development of the child.    Especially during  nursing is the 
mother subjected to an extra loss of mineral salts  (acid glycerophosphates) 
which it is necessary to replace in some way and for this purpose there is 
nothing better than the Ner-Vita of Dr. Huxley.    Rachitism: Rachitis is a 
disease which is prevalent in children and young persons during growth, when 
;the body lacks the elements necessary for the development.    The symptoms 
-of rachitis are emaciation, sweats, muscular pains and general deterioration. 
The Ner-Vita of Dr. Huxley is a valuable reconstituent for children whose 
•development is retarded, supplying them the extra energy which they require 
:for growth and for maintaining the mental and physical effort which their 
studies impose on them [translated from Spanish]."
On January 5, 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.