12586. Misbranding: of Smith's buchn lithia pills. V. S. v. 118 Boxes, et al., 
of Bnchn Lithia Pills. Default decrees of condemnation, forfei- 
ture, and destruction. (F, & D. Nos. 17962, 17963, 17964, 17965. S. Nos. 
E-4521, E-4522, E-4525.)
On November 8, 1923, the United States attorney for the Northern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying the seizure 
and condemnation of 263 boxes of Smith's buchu lithia pills in various lots at 
Albany, Syracuse, and Troy, N. Y., respectively, alleging that the article had 
been shipped by C. F. Smith, Boston, Mass., between the dates of August 29 
and October 3, 1923, and transported from the State of Massachusetts into the 
State of New York, and charging misbranding in violation of the food and 
drugs act as amended. The article was labeled in part: (Box label and cir- 
cular) " For Rheumatism and All Diseases of the Kidneys, Blood and Urinary 
Organs, Bright's Disease, Congestion of the Kidneys, Bladder Troubles, Drop- 
sical Swellings, Cystitis, Nephritis, Diabetes, Nervous Debility, Malaria, Gout, 
Neuralgia, Sciatica, etc., Gravel, Stone in the Bladder, Pain in Back, .Lumbago, 
etc., Sleeplessness, Nervousness, Female Complaints and Irregularities, And all 
Blood Impurities Due to Defective Action of the Kidneys * * * Uric Acid 
Solvent"; (circular) "specific for Rheumatism and all diseases of the Kid- 
neys and Bladder * * * by removing the cause * * * will cure finally 
any   curable   case   *    *    *   pale,   sallow   complexion,   headache,   dyspepsia,
* * * and a long train of diseases. * * * They cure rheumatism, be- 
cause they cure the kidneys * * *" (testimonials) "* * * permanently 
cured of obstinate kidney trouble and backache * * * completely cured of 
kidney trouble, backache and urinary trouble * * * sure cure for kidney 
trouble * * * the best remedy for weak kidneys * * * recommend 
them to anyone with suppression or stoppage of urine." " For Backache, Inflam- 
mation of the Kidneys, * * * Bladder * * * Dropsy, Whites or Leu- 
corrhoea * * * Loss of Sleep, Lost Vitality, Painful Menstruation, * * * 
Catarrh of the Bladder,  Incontinence of Urine or Inability to Hold Water
* * * In all old or chronic cases * * * to remove the uric acid * * * 
strengthen the kidneys and bladder and purify the blood * * * permanent 
cures will certainly be the result * * * If your case is chronic continue 
their use * * * they will cure any case"; (additional circular) "Remove 
acid and keep kidneys and bladder healthy."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that the product was an iron oxide-coated pill containing 
powdered licorice, extracts of plant drugs, including uva ursi and podophyllum, 
sodium, potassium, lithium and magnesium compounds, including nitrate and 
citrate, and soap.
Misbranding of the article was alleged in the libels for the reason that the 
above-quoted statements appearing in the labeling, regarding the curative and 
therapeutic effect of the said article, were false and fraudulent since the article 
contained no ingredient or combination of ingredients capable of producing the 
effects claimed.
On January 15 and 28, 1924, respectively, 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 States 
marshal.
HOWARD M. GOBE, Secretary of Agriculture.