9468. Misbranding of   Dubois   Pecific   Pills.    U.   S.     *     *     *     v.   8i   Dozen
Packages of Dubois Pecific Pills. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 14794. I. S. No. 10648-t. 
S.  No. W-911.)
On April 18, 1921, the United States attorney for the Eastern District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel for the seizure 
and condemnation of 8i dozen packages of Dubois Pecific Pills, remaining in 
the original unbroken packages at Spokane, Wash., consigned by W. J. Baum- 
gartner, Detroit, Mich., alleging that the article had been shipped on or about 
March 28, 1921, and transported from the State of Michigan into the State 
of Washington, and charging misbranding in violation of the Food and Drugs 
Act, as amended. The article was labeled in part: " Dubois Pills, which are 
purely vegetable * * * Reliable female tonic and regulator * * * a 
female tonic and regulator of menstrual disturbances and for relieving general 
female disorders. Needless pain and suffering may be prevented by the use 
of Dubois Pills * * * Female tonic exerting helpful, medicinal action over 
the female organs * * * of utmost value in assisting in the relieving of 
pains due to leucorrhea, etc., and regulating the menses * * * Suppressed 
menstruation, painful menstruation * * * for leucorrhea * * * In 
cases of menstrual disturbances the course of treatment may be commenced at 
any time when the indications suggest that the menstrual period is delayed 
due to taking cold or exposure    *    *    *    When the period is irregular."
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that the pills consisted essentially of aloes, ferrous sul- 
phate, calcium carbonate, and sugar.
It was alleged in substance in the libel that the article was misbranded for 
the reason that the statement in the label that the said pills were " purely vege- 
table " was false and misleading and deceived and misled the purchaser in that 
the said article consisted chiefly of aloes, iron sulphate, calcium carbonate, and 
sugar. Misbranding was alleged in substance for the further reason that the 
article did not have the curative and therapeutic effects claimed for it, and the 
above-quoted statements appearing in the labels and circulars were false and 
fraudulent in that it contained no ingredient or combination of ingredients 
capable of curing the diseases and ailments for which it was claimed the said 
article was a specific and remedy.
On June 17, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.