18971. Misbranding of Takara hygienic ponder. U. S. v. 15 Dozen Cans, et 
al., of Takara Hygienic Powder. Consent decree of condemna- 
tion and forfeiture.    Product released under bond.    (P. & D. No.
26911.    I. S. No. 21910.    S. No. 5075.)
Examination of a drug product, known as Takara hygienic powder, from the 
shipment herein described having shown that a booklet accompanying the article 
contained statements representing that the said article possessed curative and 
therapeutic properties which, in fact, it did not possess, also that it was repre- 
sented to be a germicide, whereas it was not germicidal when used in the dilu- 
tions recommended, the Secretary of Agriculture reported the matter to the 
United States attorney for the Northern District of California.
On August 22, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 15 dozen 75-cent and 12 dozen $1.50 cans of the said Takara 
hygienic powder, remaining in the original unbroken packages at San Francisco, 
Calif., alleging that the article had been shipped by the Takara Laboratories, 
from Portland, Oreg., on or about July 6, 1931, and had been transported from 
the State of Oregon 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 this department showed that the 
powder consisted essentially of boric acid, ammonium alum, phenol, and a small 
proportion of menthol. Bacteriological examination showed that the article 
was not germicidal in the dilutions recommended upon the label.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing in the booklet accompanying the article, 
?i^ * * * germicidal douche * * * that is why Takara has proved 
so popular," were false and misleading. Misbranding was alleged for the 
further reason that the following statements appearing in the booklet, re- 
garding the curative or therapeutic effects of the said article, were false and 
fraudulent: "The intelligence of the modern woman is saving her untold 
hours of suffering. An understanding of personal hygiene has taken the place 
of false modesty. Peace of mind has supplanted uncertainty and Takara with 
its many uses, its Safeness, its certainty has done much to bring this about. 
Health, Happiness, Takara is daily bringing health and happiness to thousands 
of women * * * Women whose health has been impaired find refreshment 
in the use of Takara.   They find it a hygienic powder that does more than
alleviate feminine disorders. It corrects them gently and safely. Daily Use 
of Takara * * * possible for the busiest woman to provide herself with 
this safe hygienic protection; a daily protection that means as much to her 
health as care of the teeth * * * To miss even one Takara treatment is 
to lose part of the gain made * * * Takara is a remedy so precautionary, 
safe and healing * * * Common Sore Throat, Gargle throat every two or 
three hours * * * Skin irritations * * * To allay itching and in- 
flamation bathe affected parts."
On September 16, 1931, Raymond E. Taylor, owner of Takara Laboratories, 
Portland, Oreg., having appeared as claimant for the product and having 
consented to the entry of a decree, judgment of condemnation and forfeiture 
was entered, and it was ordered by the court that the product be released to 
the said claimant upon payment of costs and the execution of a bond in the 
sum of $200, conditioned in part that the pamphlet containing the objectionable 
statements be removed from the packages, and that the article should not be 
sold or otherwise disposed of contrary to the Federal food and drugs act, or 
the laws of any State, Territory, District, or insular possession.
ABTHTTB M. HYDE, Secretary of Agriculture.