1S545. Mlsbrandingr of Dr. Lee's Prescription No. 3S66. TJ. S. v. 5 Dozen 
Bottles of Dr. Lee's Prescription No. 3566. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. No. 26261. I. S. 
No. 29710.    S. No. 4409.)
Examination of a drug product, known as Dr. Lee's Prescription No. 3566, 
from the shipments herein described having shown that the article contained 
less alcohol than declared on the label and that the bottle and carton labels 
bore statements representing that it possessed curative and therapeutic proper- 
ties which it did not possess, the Secretary of Agriculture reported the matter 
to the United States attorney for the eastern district of Pennsylvania.
On April 25, 1931, the United States attorney filed in the district court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 5 dozen bottles of Dr. Lee's Prescription No. 3566, remain- 
ing in the original unbroken packages at Easton, Pa., consigned by Brewer 
& Co. (Inc.), Worcester, Mass., alleging that the article had been shipped 
from Worcester, Mass., in part on or about October 10, 1930, and in part on 
or about February 27, 1931, and had been transported from the State of Massa- 
chusetts into the State of Pennsylvania, and charging misbranding in violation 
of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of extracts of plant drugs suc*h as uva ursi, alcohol (by 
volume 18.3 per cent), and water.
It was alleged in the libel that the article was misbranded in that the 
statement on the carton, " Alcohol 24%," was false and misleading when applied 
to an article containing a less amount. Misbranding was alleged for the further 
reason that the package failed to bear a statement on the label of the quantity 
or proportion of alcohol contained in the article, since the declaration was 
incorrect. Misbranding was alleged for the further reason that the following 
statements regarding the curative or therapeutic effects of the article, appear- 
ing on the carton and bottle labels, were false and fraudulent, since the said 
article contained no ingredient or combination of ingredients capable of pro- 
ducing the effects claimed: (Carton) "A treatment for Disorders of the Kid- 
eys, Bladder & Backache Trouble * * * Suggested as an aid in the treat- 
ment of Preliminary disorders leading to Acute and Chronic Diseases of the 
Kidneys, Liver and Bladder, Uric Acid, Gravel, or Stone in the Bladder, Be- 
tention of Urine, Pains in Urinating, Thick.^Sluggish or Scanty Urine, Irrita- 
tion, Inflammation or Catarrh of the Bladder, Pain in Urethra, Diabetes and 
Gout; " (bottle) "A treatment for Disorders of the Kidneys, Bladder & Back- 
ache Trouble * * * Suggested as an aid in the treatment of Preliminary dis- 
orders leading to Acute and Chronic Diseases of the Kidneys, Gravel or Stone 
in the Bladder, Catarrh of the Bladder, Bladder and Urinary Disorders."
On May 22, 1931, 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.
ABTHTJB M. HYDE, Secretary of Agriculture.