12594.  Misbranding:  of  Foster's   backache  kidney  pills.     U.   S.   v.   5   Gross 
Boxes of Foster's Backache Kidney Pills.     Default decree of con- 
demnation, forfeiture, and destruction.     (F. & D. No. 18125.    I. S. No 
11705-v.    S. No. W-1452.)
On November 30, 1923, the United States attorney for the Northern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel praying the 
seizure and condemnation of 5 gross boxes of Foster's backache kidney pills, 
remaining in the original unbroken packages at San Francisco, Calif., alleging 
that the article had been shipped by the Foster-McClellan Co., from Buffalo, 
N. Y., on or about October 29, 1923, and transported from the State of New 
York into the State of California, and charging 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 consisted of potassium nitrate, rosin, 
fenugreek, uva ursi, and an essential oil such as juniper or turpentine oil, 
?coated with talc and sugar.
Misbranding of the article was alleged in substance in the libel for the rea- 
son that the following statements regarding the curative and therapeutic ef- 
fects of the said article, (box and wrapper, English) " * * * Backache 
Kidney Pills * * * for Kidney Complaints and diseases arising from dis- 
orders of the Kidneys & Bladder Such As Backache, Stiff, Lame or Weak Back, 
Cold in the Back or Kidneys, Congestion of the Kidneys, Inflammation of the 
Bladder, Gravel, Scalding urine, and Urinary Troubles * * *," (circular, 
English and Spanish) "* * * Backache Kidney Pills (Spanish "For the 
Kidneys") * * * for Kidney Complaints and Diseases Arising from Dis- 
orders of the Kidneys & Bladder * * * if relief is not noticed,1 increase the 
dose * * * When relief is noticed the dose may be reduced * * * a good 
medicine * * * ," (pasteboard container for one dozen) "Backache Kidney 
Pills for the Kidneys and Bladder, Backache, etc. * * *," together with the 
design or device on bottle, wrapper and circular of a figure about waist length, 
rear view, slightly stooped, head turned, right hands pressing on flanks, in- 
scription on arms, shoulders, and back, "Foster's Backache Kidney Pills," 
were false and fraudulent, since the said article contained no ingredient or 
-combination of ingredients capable of producing the effects claimed.
On August 12, 1924, 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.
HOWABD M. GOKB, Secretary of Agriculture.