27712. Misbranding of Dr. Sbarpi;iteen'm Vegetable Hindoo Oil No. 5, Vegetable
'I'nblets Nos. 1., 2, 3, and 4, and Hindoo Salve No. 1.6. U. S. v. 9 Bottles
of Dr. Sharpsteen's Vegetable Hindoo Oil No. I>, et al. Default de<'!"ees
of condemnation and destrnetio:n. (F. & D. Nos. 39609, 39610, 39611.
Sample Nos. 14650-C, 14651-C, 14652-C.)
These products were all misbranded because of false and fraudulent representations
in the labeling regarding their curative and therapeutic effects, and
because they were labeled to convey the impression that they had been examined
and approved by the Government. They were misbranded further because of
an incorrect declaration of chloroform on the label of the Hindoo Oil, the absence
of any declaration of chloroform on the label of the Hindoo Salve, and because
the labeling of the Vegetable Tablets conveyed the impression that they were
composed of fruits of the type ordinarily used as food.
On May 18, 1937, the United States attorney for the Northern District of Ohio,
acting upon a report by the Secretary of Agriculture, filed in the district court
libels praying seizure and condemnation of 9 bottles of Hindoo Oil No. 5, 19
boxes of Vegetable Tablets Nos. 1, 2·, 3, and 4, and 12 boxes of Hindoo Salve No. 16
at Toledo, Ohio, alleging that the articles had been shipped in interstate commerce
on or about January 27 and March 1, 1937, by Drs. H. & V. Sharpsteen
from Marshall, Mich., and charging misbranding in violation of the Food and
Drugs Act as amended.
Analyses showed that the Hindoo Oil consisted essentially of chloroform
(15 percent by volume), saponifiable oils, and volatile oils including oil of
sassafras, oil of cloves, menthol, and camphor; that the vegetable tablets consisted
·essentially of: (No. 1 brown-coated tablets) Ferrous carbonate, potassium
and sodium sulphates, calcium carbonate, and plant drugs, including a
strychnine-bearing drug and a laxative plant drug; (No. 2 white-coated tablets)
magnesium carbonate, calcium carbonate, and plant drugs including a strychnine-
bearing drug and a laxative plant drug; (No. 3 red-coated tablets) ferrous,
magnesium, and calcium carbonates and plant drugs including quinine
27701-27750] 'NOTICES OF JUDGMENT 339
and a laxative plant drug; (No. 4 br-own uncoated tablets) .calcium carbonate
and plant drugs including a laxative plant drug; and that the Hindoo Salve
consisted essentially of small quantities of chloroform and volatile oils, including
oil of sassafras and oil of cloves, jncorpora ted in _a fa tty base. ·
The Hindoo Oil was alleged to be misbranded in that the statements, "Vegetable
Hindoo Oil * * *" and "Vegetable Oil * * *," appearing in the
circular, were false and misleading since they represented that the article was
a vegetable oil; whereas it contained 15 percent by volume of chloroform, which
is not a vegetable oil. It was alleged to be misbranded further in that the
package failed to bear on its label a statement of the quantity or proportion
of. chloroform contained in the article, since the declaration of chloroform on
the carton and bottle label was incorrect.
The vegetable tablets were alleged to be misbranded in that the following
statements appearing on the cartons were false and misleading since they
created the impression that the preparation was composed of fruits of a type
which are ordinarily used for food; whereas they were not: "Vegetable
Tablets Composed of Fruits, Roots, Herbs and Seeds. They ,are a Blood Food
and Gland Cleanser."
The Hindoo Salve was alleged to be misbranded in that the package failed
to bear on its label a statement- of the quantity or proportion of chloroform
contained in the article.
The articles were alleged to be misbranded further in that the following
statements appearing in the labeling were misleading since they created the
impression that the articles had been examined and appro,ed by the Government
of the United States and tha_t the Government guaranteed that they
complied with the law and that they did so comply; whereas the articles had
not been approved by the Government and, the Government did not guarantee
that they complied with the law, and they did not comply with. the law:
(Hindoo Oil, bottle and carton) "Dr. Sharpsteen's [on carton, "Drs. H. & V.
Sharpsteen's"] Registered Guaranty Complies ·with The Food and Drugs Act
June 30th 1906. Serial No. 7923"; (vegetable tablets, outer carton) "We,
the undersigned do hereby guarantee that the articles of Foods or Drugs
manufactured, packed or sold by us, Dr. Sharpsteen's Family l\Iedicines, are
not adulterated or misbranded within the meaning of the Pure Food and Drng
Act of June 30, 1906. Serial No. 7923," (inner cartons) "Guaranteed by Drs.
H. and V. : Sharpsteen under the JPood and Drugs Act, June 30, 1906. Serial
No. 7923"; (Hindoo Salve, carton) "Drs. H. & V. Sharpsteen's Registered
Guaranty complies with the Food and Drug Act of June 30, 1906. Serial No.
7923"; (all products, circular) "Guaranteed tp Comply with the · Food and
Drug Act of June 30, 1906. Serial No. 7923."
The articles were alleged to be misbranded further in that the bottle label,
carton, and circular of the Hindoo Oil bore false and fraudulent representations
regarding its effectiveness in the treatment of dyspepsia, colic, stitch, or lame
back, gallstones, dropsy, la grippe, coughs, inflammation, collection of gas in
stomach and bowels, tape, stomach and pin worms, appendicitis, rheumatism,
burns, fistula, piles, constipatio1J., nasal catarrh, consumption, salt rheum,
eczema, dryness of the skin, headache, darting pains, neuralgia of the eye, ear,
face and teeth, colds, weak lungs, whispery voice, pneumonia, toothache, ulcerated
teeth, influenza, attacks in the neck and crown of head, eyeache, earache,
cheek and temple ache, ulcers at the juncture of the nose, and ear duct, backache,
lame hips, knees, feet and toes, swollen hands and feet, gravel, diabetes,
Bright's disease, dropsy of chest, heart and bowels, skin poisons, pimples,
blotches, blackheads, croup, quinsy and pleurisy. The cartons and circulars of
the vegetable tablets bore false and fraudulent representations regarding their
effectiveness in the treatment of stomach, liver, spleen and blood diseases,
muscular, sciatic, and inflammatory rheumatism, swollen tonsils, tonsillitis,
catarrh, bronchitis, asthma, pneumonia, weak palpitating heart, bloating of
stomach and bowels, coughs, phlegm, dyspepsia, nervousness, spleen and liver
sickness, kidney troubles, eczema, erysipelas, gallstone of the liver, gravel from
the bladder, la grippe, colds which affect the eye, ear, teeth, face and neck,
piles, jaundiced complexion, organi~, glandular and bodily sickness; and the
metal container, carton, and circular of the Hincloo Salve bore false and
fraudulent representations regarding its effectiveness in the. treatment of
pneumonia, lung fever, membranous or common croup, quinsy, caked or agued
breast, sore nipples, blind or external piles, chronic constiptation or clogged