9775. Misbranding of Dr. Martel's female pills.     TJ. S.     *     *      *     v. 3 Pacli
ages * * * of Dr. Martel's Female Pills. Default
* decree of 
condemnation, fox-feitux-e, and destruction. (F. & D. No. 13404. I. S. 
No. 4283-t.     S. No. C-2216.)
On August 20, 1920, the United States attorney for the Northern District of 
Ohio, 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 con- 
demnation of 3 packages, more or less, of Dr. Martel's female pills, remaining 
in the original unbroken packages at Cleveland, Ohio, alleging that the article 
had been shipped by the French Drug Co., New York, N. Y., on or about March 
18, 1919, and transported from the State of New York into the State of Ohio, 
and charging misbranding in violation of the Food and Drugs Act, as amended. 
The article was labeled in part: (Box) "* * * Female Pills * * * For 
(Suppression Of The Menses) Dysmenorrhoea (Painful Menstruation) And 
Similar Functional Derangement"; (circular) " *   *   *   Female Pills   *   *    *
for Disturbances Of The Menstrual Functions '* * * For Amenorrhoea 
(Suppression of the Menses * * *) * '*' * treatment * * * should 
be continued until relief is obtained. For Dysmenorrhoea (Painful or Scanty 
Menstruation) * * * our medicine will be found to give lasting benefit and 
genuine relief. * * * To prevent difficult, painful, over-profuse and other 
morbid menstrual conditions, and keep this important function normal, take
* * * for a few days before the expected re-appearance of the menstrual 
flow."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that the pills consisted essentially of oil of savin and ferrous 
sulphate and carbonate.
Misbranding of the article was alleged in the libel for the reason that the 
above-quoted statements regarding the curative and therapeutic effects thereof 
were false and fraudulent as the article contained no ingredient or combina- 
tion of ingredients capable of producing the effects claimed.
On January 3, 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.