24509. Adulteration and misbranding of H.  G.  C.     IT.  S. v. Acme  Chemical
Mfg. Co., Ltd., and William T. Jay.     Pleas of guilty.    Fines, $100.
(F.   &   D.   no.   31438.    Sample   nos.   7072-A,   13225-A,   18286-A,   33634-A, 
33692-A.)
This case was based on various shipments of H. G. C, the labels of which 
contained unwarranted curative and therapeutic claims. The labels of two of 
the shipments also contained unwarranted antiseptic claims.
On July 26, 1934, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Acme Chemical Manufacturing Co., 
Ltd., a corporation, and William T. Jay, of New Orleans, La., alleging shipment 
by said defendants in violation of the Food and Drugs Act as amended, between 
the dates of February 10, 1932, and April 3, 1933, from the State of Louisiana 
into the States of Alabama, Mississippi, and Texas, of quantities of H. G. C.f 
which was misbranded and portions of which were also adulterated.
Analyses showed that the article consisted essentially of borax, berberine, 
sulphate, and water. Bactericidal tests showed that the article was not anti- 
septic when used in accordance with directions in a leaflet accompanying certain 
shipments.
The information charged that the product in two of the shipments was adul- 
terated in that it was represented to be antiseptic when used as directed, 
whereas it was not antiseptic when used as directed.
Misbranding was alleged for the reason that the statement, "Especially 
recommended as a Douche for Females Antiseptic" appearing in a leaflet 
accompanying two of the shipments, was false and misleading, since the said 
statement represented that the article was antiseptic when used as directed; 
whereas it was not antiseptic when used as directed.
Misbranding was alleged for the further reason that certain statements, 
designs, and devices regarding its therapeutic and curative effects, appearing 
on the bottle label and carton, and in a circular shipped with all lots and a 
leaflet shipped with certain lots, falsely and fraudulently represented that the 
article was effective as a treatment for male and female disorders; effective as 
an antiseptic, healing, and strengthening douche for females; and effective as 
a treatment for male and female disorders, when used as an injection for men 
and as a douche for women.
On January 7, 1935, the defendants were arraigned and entered pleas of not 
guilty. On January 30, 1935, motions to quash and for a bill of particulars 
were argued and overruled. On February 14, 1935, the defendants entered pleas 
of guilty and the court imposed fines totaling $100.
M. L. WILSON, Acting Secretary of Agriculture.