19033. Misbranding1 of Dr. Lee's preventive dentifrice. IT. S. v. 33 Bottles 
of Dr. Lee's Preventive Dentifrice. Consent decree providing for 
release of product under bond.     (F. & D. No. 26816.    1. S. No. 36191.
S. No. 4964.)
Examination of Dr. Lee's preventive dentifrice, from the shipment herein 
described, having shown that the bottle and carton labels and accompanying 
circular bore statements representing that the article possessed curative and 
therapeutic properties which it did not possess, the Secretary of Agriculture 
reported the matter to the United States attorney for the District of Kansas.
On August 1, 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 33 bottles of Dr. Lee's preventive dentifrice at Wichita, Kans., 
alleging that the article had been shipped by the Dr. Ray O. Lee Laboratories, 
from Kansas City, Mo., on or about June 13, 1931, and had been transported 
from the State of Missouri into the State of Kansas, and charging misbranding 
in violation of the food and drugs act as amended.
Analysis of a sample taken from this consignment showed that the product 
consisted essentially of sodium perborate, talc, calcium carbonate, and methyl 
salicylate.
It was alleged in the libel that the article was misbranded in that the 
following statements regarding the curative or therapeutic effects of the said 
article, appearing in the labeling, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Carton) "Dr. Lee's Preventive Dentifrice * * * prevents, helps 
to correct and eliminate pyorrhea and other infections of the mouth and 
gums;" (circular) "Dr. Lee's Preventive Dentifrice Dentifrice Formulated 
and Manufactured By A Specialist in the Care And Preservation Of Teeth 
And Gums * * * Fill the bristles of the toothbrush with Dr. Lee's Pre- 
ventive Dentifrice * * * As the gums become firm and healthy * * * 
A slight stinging sensation may be experienced at the gum margin when the 
dentifrice is used if there is any infection present. This will disappear in a 
few days if the directions are followed carefully. * * * Dr. Lee's Preventive 
Dentifrice firms the gums, gradually healing any soft, spongy, or bleeding 
tissue. Used as directed, twice a day, it will keep the teeth and gums healthy 
and prevent the development of pyorrhea in so far as it can be prevented by 
a safe, non-irritating tooth powder. * * * As a corrective it gives invaluable 
aid to the dentist in eradicating pyorrhea, * * * and other gingival dis- 
eases. * * * Facts About Pyorrhea. Pyorrhea is an insidious disease 
that progresses through its early stages without the warning of pain. In its 
later stages the gums become discolored, inflamed and spongy. The teeth 
gradually loosen because the bony structure about their roots is absorbed into 
the system due to a lack of the necessary mineral salts in the food, especially 
calcium. Pus sacs or pockets form on the necks of the teeth and between the 
teeth where the bony foundation beneath the gums has been lowered. Pyorrhea 
is now recognized as a systemic disease which not only leads to the premature 
loss of good sets of teeth but, through poisoning the system, may be responsi- 
ble for serious disorders elsewhere in the body. See Your Dentist When These 
First Signs Appear. A Red Inflamed Line About the Margin of the Gums, 
Bleeding of the Gums When Brushed, Foul Odor and Pus From Between the 
Teeth, Slight Looseness of the Teeth. Then Brush the Teeth and Massage the 
Gums Twice Daily With Dr. Lee's Preventive Dentifrice. * * * By putting 
these rules into effect, one by one over a period of several weeks, along with 
the daily use of Dr. Lee's Preventive Dentifrice, pyorrhea may be prevented 
in the mouths of persons as yet immune. Persons having pyorrhea can make 
permanent the immunity effected by the treatment of their dentists, by practic- 
ing the above food combinations and using Dr. Lee's Tooth Powder; " (bottle 
label) " Prevents Pyorrhea * * * and is very effective in the treatment of 
pyorrhea, is healing   *   *   *   makes soft bleeding gums firm."
On October 3, 1931, Ray O. Lee, Kansas City, Mo., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment was entered ordering that the product be delivered to the claimant 
to be relabeled with labels consistent with the food and drugs act, upon the 
execution of a bond in the sum of $500, and that claimant pay all costs.
AETHTJB M. HYDE, Secretary of Agriculture.