10772. Misbranding of DuBois peciflc pills. V. S. v. 57 Bottles of DuBois?
Pecifle Pills. Default decree of condemnation, forfeiture, and de??
struction.     (F. & D. No. 14812.    I. S. No. 10781-t.    S. No. W-913.)
On April 21, 1921, the United States attorney for the District of Colorado,?
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 57 bottles of DuBois pecific pills, remaining unsold in the original unbroken?
packages at Denver, Colo., consigned by W. J. Baumgartner, Detroit, Mich.,?
alleging that the article had been shipped on or about March 17, 1921, and?
transported from the State of Michigan into the State of Colorado, and charg??
ing misbranding in violation of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this?
department showed that the pills contained aloes and iron sulphate, with a?
coating of sugar and calcium carbonate.
N. J. 10751-10800]     SEfiVTCE AND .REGULATORY ANNOUNCEMENTS.      431
Misbranding of the article was alleged in substance in the libel for the?
reason that it was accompanied by a circular which bore the following state??
ments regarding the curative effects of the said article, " DuBois Pills * * *?
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 * * * a?
female tonic exerting helpful medicinal action over the female organs * * *?
of utmost value in assisting in the relieving of pain, due to leucorrhea, etc.,?
and regulating the menses. * * * suppressed menstruation, painful men??
struation * * * 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," which said statements were false and?
fraudulent, since the said article contained no ingredient or combination of?
ingredients capable of producing the effects claimed. Misbranding was alleged?
for the further reason that the said circular contained the statement that the?
said pills were purely vegetable, which statement was false and misleading,?
since the said pills'were not purely vegetable, but were composed essentially?
of aloes, iron sulphate, calcium carbonate, and sugar.
On July 5, 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. PTTGSLEY, Acting Secretary of Agriculture.