4363. Misbranding' of " Dr. Simpson's Vegetable Compound." JJ. S. v.?
Thomas C. Davis and Eva J. Cole (Dr. A. B. Simpson Co.). Plea of?
gnilty by defendant Cole. Fine, $25 and eosts. Indictment nolle?
prossed as to defendant Davis.    <P. & B. No. 5957.    I. S. No. 7993-&)
On November 12; 1915, the grand jurors of the United States within and for?
the District of Indiana, acting upon a report by the Secretary of Agriculture,?
upon presentment by the United States attorney for said district returned an?
indictment against Thomas C. Davis and Eva J. Cole, trading under the firm?
name of Dr. A. B. Simpson Co., Richmond, Ind., charging shipment by said?
defendants, in violation of the Food and Drugs Act, as amended, on February?
21, 1913, from the State of Indiana into the State of Ohio, of a quantity of?
" Dr. Simpson's Vegetable Compound," which was misbranded. The article was?
labeled: (On carton) "Doctor Simpson's Vegetable Compound contains Alcohol?
11 per cent A Reliable Remedy for the following diseases : Scrofula, Old Sores,?
Boils, Ulcers, Inflamed Byes, Pimples, Blotches, Eruptions, Erysipelas, all Dis??
eases of the Skin, Inflammatory Rheumatism, Scald Head, Salt Rheum, Tetter,?
Diseases of the Liver, Constipation, Indigestion, and Syphilis in all its Forms.?
Dr. A. B. Simpson Co., Richmond, Ind." (On back of carton) " Home Testimony.?
The undersigned, citizens of Richmond, take pleasure in saying that we are?
acquainted with Dr. A. B. Simpson, and for the sake of suffering humanity we?
cheerfully recommend him and his treatment. Wm. H. Schlater, Clerk Circuit?
Court. S. S. Strattan, Treasurer Wayne Co., T. W. Bennett, Mayor of. Richmond,?
Jos. P. Iliff, Chief of Police, Thos. C. Davis, Ag't U. S. Express Co. P. C. Graff,?
Ag't Adams Express Co. A remarkable case of syphilis. The following is a?
brief statement of facts: Mrs. Mary McClusky, a middle-aged woman, living in?
this city, early in March, 1884 was suffering from a well-developed case of?
Syphilis, and was treated for the same by two or more regular physicians for?
more than a year. Ulceration of the face and arms had taken placat Her eye??
sight was nearly gone, she became entirely helpless, and her physicians gave up?
the case. Being without means she became a county charge, and was removed?
to the Poor House where she was treated by the regular doctor of that institu??
tion from the last of July until April 16th, when he abandoned the case and?
pronounced it hopeless, and remarked that any man who said he could cure her?
was a fool. At this time, when all the features of her case had assumed the?
most aggravated form, Dr. A. B. Simpson, of this city, took her case by- permis??
sion and at the request of the County Commissioners. The wonderful result?
was that she returned to Richmond in forty days, so much restored as to be.?
able to do her work, enjoying quite good general health. To use her own lan??
guage, ' I now enjoy good health, and my relief is all owing to Dr. Simpson's?
wonderful medicine'. ' The undersigned, Commissioners of Wayne County?
certify that the foregoing statement in regard to the case of Mrs. McClusky is?
true and correct to our personal knowledge.' John Elliott, Township Trustee,?
Isaac A. Gormon, Sheriff Wayne County, James W, Gormon, Superintendent?
Poor House. John Bowman, George Hindman, Thomas Hunt, Commissioners?
Wayne Co., Ind. Many hundreds of Testimonials could be given if space per??
mitted. See enclosed circulars." (On sides of carton) "A natural remedy for?
Blood Poisoning." (On top flap) " No. 1176. Guaranteed by Dr. A. B. Simpson?
Co. under the Food and Drugs Act, June 30, 1906." , (On bottle) "Dr. A. B.?
Simpson's Vegetable Compound Contains 11 per cent alcohol. Alterative or?
Blood Purifier for all diseases depending on a depraved condition of the blood.?
Scrofula, Scrofulous Diseases of the eyes, or scrofula in any form,, and ery??
sipelas. Old sores, Boils or Ulcers, Pimples, Blotches and any disease or erup??
tion of the skin, Rheumatism and pains in the Limbs, Bones etc.   Builds up
N. J. 4351-4400.]     SERVICE  AND  REGULATORY ANNOUNCEMENTS.	527
Constitutions broken down from Mineral or Mercurial Poisons and gives relief?
in Cases of Painful Menstruation. Should be used by all requiring a remedy to?
make pure Blood. Scald Head, Salt Rheum, Tetter, Long Standing Diseases of?
the Liver, Catarrhal affections of all kinds. For Syphilis or the diseases that?
it entails. Directions Ordinary Dose: Two tablespoonsful three times a day,?
before or after meals, or any dose that will move the bowels twice.a day.?
Manufactured by Dr. A. B, Simpson Co. Richmond, Indiana." (Blown in?
bottle) "Dr. A. B. Simpson's Vegetable Compound." The circular or pamphlet?
accompanying the article contained, among other things, the following: " Spe??
cific for the following diseases: Scrofula, Old Sores, Boils, Ulcers, Inflamed?
Byes, Pimples, Blotches, Eruptions, Erysipelas, all Diseases of the Skin, Inflam??
matory Rheumatism, Scald Head, Salt Rheum, Tetter, Diseases of the Liver,?
Constipation, Indigestion and Syphilis in all its forms."
Analysis of a sample of the article by the Bureau of Chemistry of this depart-,?
ment showed the following results:
Solids (per cent)?
11.98
Ash (percent)?
    1.31
Sugars   (invert)   (per cent)_1_?
    0.57
Sugars (sucrose)   (percent)?
    7.60
Potassium iodid (percent).:?
    1.3
Alcohol (percent)?
13.2
Vegetable extract (by difference)   (per cent)?
    2.5
Podophyllum, licorice, and gentian: Indicated.
A sweetened hydroalcoholic solution of potassium iodid and a?
small amount of vegetable extractive, in which podophyllum,?
licorice, and gentian are indicated.
Misbranding of the article was charged in the indictment for the reason?
that the following statements regarding the therapeutic or curative effects?
thereof, appearing on the label aforesaid, to wit, (On carton) "A Reliable?
Remedy for the following diseases: * * * Erysipelas, all Diseases of. the?
Skin, Inflammatory Rheumatism, Scald Head, Salt Rheum, Tetter * * *,"?
and included in the circular or pamphlet aforesaid, to wit, " Specific for the?
following diseases: * * * Erysipelas, all Diseases of the Skin, Inflammatory?
Rheumatism, Scald Head, Salt Rheum, Tetter * * *," were false and fraudu??
lent in that the same were applied to said article knowingly, and in reckless?
and wanton disregard of their truth or falsity, so as to represent falsely and?
fraudulently to the purchasers thereof, and create in the minds of the pur??
chasers thereof the impression and belief, that it was, in whole or in part,?
composed of, * or contained, ingredients or medicinal agents effective, among?
other things, as a reliable remedy and specific for erysipelas, all diseases of the?
skin, inflammatory rheumatism, scald head, salt rheum, and tetter, when, in?
truth and in fact, it was not so composed, and did not contain such ingredients?
or medicinal agents. Misbranding was charged for the further reason that the?
following statement, appearing on the label aforesaid, to wit, "11 per cent?
Alcohol," was false and misleading in that it indicated to the purchasers?
thereof, and created in the minds of purchasers thereof the impression and be??
lief, that the articles contained 11 per cent of alcohol, when, in truth and in?
fact, it contained a greater amount of alcohol, to wit, 13& per cent of alcohol?
by volume. Misbranding was charged for the further reason that the following?
statement, appearing on the label aforesaid, to wit, "Vegetable Compound,"?
was false and misleading in that it indicated to the purchasers, and created
528	
? BUREAU- OF  CHEMISTRY. ??-        [Supplement 18.'
in the minds of purchasers thereof the impression and belief, that the article?
consisted wholly of a compound of vegetables, when, in truth and in fact, it?
did not, but consisted of, to wit, a hydroalcoholic solution containing potassium?
iodid and a small amount of vegetable extractives, among which podophyllum,?
gentian, and licorice were indicated.
On November 30, 1915, the defendant Cole entered a plea of guilty to a part?
of the indictment, and the court imposed a fine of $25 and costs. The indict??
ment was nolle prossed as to the defendant Davis.
0. F. MAEYIN, Acting Secretary ?/ Agriculture,
N. J. 4351-4400.]      SERVICE  AND  REGULATORY ANNOUNCEMENTS.	529 "