10821.?Misbranding   of  Hobo   kidney   and   bladder   remedy.    V.   S.   v.   144
Bottles   and   78   Bottles   of   Hobo   Kidney   and   Bladder   Remedy.?
Default   decrees   of   condemnation,   forfeiture,   and   destruction.
(F. & D.  Nos.   12616,  12617.     I.  S.  Nos.  9686-r,  9687-r.     S.  Nos.   C-1897,?
C-1909.)
On April 29, 1920, the United States attorney for the Western District of?
Texas, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district libels for the seizure and con??
demnation of 144 bottles and 78 bottles of Hobo kidney and bladder remedy, at?
San Antonio and Austin, Tex., alleging that the article had been shipped on or?
about January 15, 1920, and September 29, 1919, respectively, by the Hobo?
Medicine Mfg. Co., Shreveport, La., and transported from the State of Louisiana?
into the State of Texas, and charging misbranding in violation of the Food and?
Drugs Act, as amended. The article was labeled in part: (Carton) "Kidney &?
Bladder Remedy, A  Vegetable Compound Manufactured from  Native Herbs
*?* * Bright's Disease acute and chronic Cystitis renal & vesical pus or?
blood in urine.    Incontinence Albuminuria & Ailments caused from Defective
456	
BUKEATJ  OF  CHEMISTRY.	
[Supplement 147,
(kidney and bladder)  Elimination    *    *    *    One of the Greatest Alteratives
*?* *. Back Ache, Persistent Head Ache, Dizziness, Forgetfulness, Weakness?
and Rheumatism When Caused by Disordered Kidneys, the Same Being True?
of Inflamation of the Bladder;" (bottle) "Kidney and Bladder Remedy. A?
Vegetable Compound for the Treatment of Brights Disease, Acute and Chronic?
Cystitis, Renal and Vesical Pus or Blood in Urine, Incontinence and Retention,?
Albuminuria and all Ailments caused from Defective (Kidneys and Bladder)?
Elimination;" (booklet) "For nearly three years, Mr. G. D. Horton * * *?
was a sufferer from Bright's disease in its most malignant form. * * *?
Within three days * * * Mr. Horton was greatly improved, and within two?
months restored to health without any recurrence of the malady in the inter??
vening years. * * * Mr. Horton has named the preparation Hobo Kidney?
and Bladder Remedy. * * * it not only gave speedy relief to all the tor??
tures which kidney and bladder afflictions entailed, such as incontinuance of?
urine, gravel in the bladder, irritated glands, backaches, kindred complaints,?
but that in many instances the cures were absolutely permanent. * * * [f?
your case is of long standing, do not expect one or two bottles to cure you.
*?* * you must continue to take the medicine?a half-dozen a dozen?
bottles?yes, until you feel absolutely sure every vestige of your trouble has?
been removed."
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed that it consisted of small quantities of extract of a plant drug?
similar to Galium Aparine, benzoic acid, salicylic acid, and water. Water con??
stituted 98 per cent of the article and the dissolved matter, 2 per cent.
Misbranding of the article was alleged in substance in the libels for the?
reason that the above-quoted claims and statements regarding the curative?
effects of said article were false and fraudulent, for the reason that said drug?
or product contained no ingredient or combination of ingredients capable of?
producing the effects claimed.
On June 14, 1921, and May 29, 1922, no claimant having appeared for the?
property, judgments of condemnation and forfeiture were entered, and it was?
ordered by the court that the product be destroyed by the United Sates marshal.
C. W. PITGSLEY, Acting Secretary of Agriculture.