26837. Misbranding of Lydia E. Pinkham's Tablets. 17. S. v. 33 Small Packages 
Diaplex. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. nos. 36589, 36623.    Sample nos. 40716-B, 45941-B.)
False and fraudulent curative and therapeutic claims were made for this 
article.
On November 1, 1935, the United States attİrney for the Northern District 
ot California, and on November 18, 1935, the United States attorney for the 
Western District of Washington, each acting upon a report by the Secretary of 
Agriculture, filed in his respective district court a libel praying seizure and 
condemnation of 98 cartons of Diaplex at San Francisco, Calif., and 39 packages 
of Diaplex at Seattle, Wash., alleging that the article had been shipped in inter- 
state commerce in part on or about August 26, 1935, and in part on or about
October 7, 1935, from Denver, Colo., to San Francisco, Calif., by H. W. Pierce, 
from Denver, Colo., into the States of California and Washington, and charging 
misbranding in violation of the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of plant material, 
largely stems, with a small proportion of saltbush.
The article was alleged to be misbranded in that the following statements 
appearing in the labeling were false and fraudulent in that the article con- 
tained no ingredient or combination of ingredients capable of producing the 
effects claimed: (Carton of portion) "Diaplex * * * Diaplex for Dia- 
betics * * * Use two to three heaping tablespoons full of Diaplex to each 
pint of water, then bring to a boil or percolate in a porcelain or eathern coffee 
percolator for ten minutes. * * * Always serve Diaplex fresh and hot 
(never luke warm or cold). A diabetic should drink at least two quarts of 
Diaplex daily, for from three to nine months. Also watch the urine test 
daily and you will be amazed at the results. * * * Persons using Diaplex 
with insulin should make the urine test daily, and as the pancreas increases 
its normal function, reduce the amount of insulin sufficiently to avoid insulin 
reaction. Only use enough insulin to take care of the surplus sugar, and 
eventually eliminate the insulin entirely. But continue the use of Diaplex 
until you are well and strong. Persons who have never used insulin, and not 
in coma, will find it unnecessary to do so. All that will be required is to 
adhere to a good diabetic diet and drink two quarts daily of Diaplex for a 
few months, and like thousands of others he too, will rejoice in the grand 
activity of good health and vigor"; (carton of remainder) "Diaplex * * * 
For those whose blood-sugar tests 125 M. M. per C. C. or over, use four heap- 
ing tablespoons of Diaplex to the quart of water and percolate ten to fifteen 
minutes. Always serve Diaplex hot, never ice cold or luke warm. Should 
the urine analysis show an increase of sugar, make blood test to determine 
cause. An Adult should use two quarts of Diaplex daily and a child one, for 
nine to eighteen months. Diaplex is a food and will never lower the blood 
sugar below normal. Therefore, a great amount is effective, small doses are 
worthless. * * * Notice Persons using Diaplex with insulin should make 
a urine test daily, and as the pancreas increases its normal function, reduce 
the amount of insulin sufficiently to avoid insulin reaction. Only use enough 
insulin to take care of the surplus sugar, but continue the use of Diaplex until 
you are well and strong.   If we help you   *    *    *."
No claimant having appeared in either case, a default decree of condemna- 
tion, forfeiture, and destruction was entered on November 19, 1935, in the 
district court for the Northern District of California, and on January 27, 
1936, in the district court for the Western District of Washington.
W. R. GBEGG, Acting Secretary of Agriculture.