28311. Adulteration and misbranding of Healo Salve and Lucky Heart Kiss Sweet 
Tooth Paste; and misbranding of Tiger Head Antiseptic Nerve and Bone 
Liniment, Kandu Vegetable Compound Female Regulator and Builder, 
Erbru Health Herbs and Iron, Lucky Heart Wonder Skin Ointment, 
Preacher's No-Ru Kidney Bladder Rheumatism Backache Remedy, vapo- 
rize and Throat Drops, Vapo Overnight Salve, Glandeen, San-I-Gene 
Douche Powder, Bewlno Beef Wine and Iron Tonic and Builder. IT. S. 
v. Lucky Heart Laboratories, Inc., Morris Shapiro, and Ben M. Spears. 
Pleas of guilty. Total fines and costs, $600. (F. & D. No. 39816. Sample- 
Nos. 18694-C, 35378-C to 35385-C, incl., 35404-C to 35407-C, incl., 35455-C, 
35457-C.)
The labeling of these products bore false and fraudulent representations 
regarding their curative and therapeutic effects. Certain of the products were 
represented to be natural remedies derived from roots, herbs, and similar sub- 
stances ; whereas they contained other ingredients not derived from such 
sources; other products were falsely represented to be antiseptic or germicidal 7 
one bore on the label false statements as to the content of alcohol and chloro- 
form, one failed to declare on the label the alcohol present in the article and 
one (Skin Ointment) contained red mecuric oxide, which rendered it potentially 
harmful to a delicate skin.
On March 9, 1938, the United States attorney for the Western District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Lucky Heart Laboratories, Inc., and 
Morris Shapiro and Ben M. Spears, officers of the corporation, alleging shipment 
by said defendants in violation of the Food and Drugs Act as amended, on 
or about April 8, April 30, May 3, and July 12 and 28, 1937, from the State 
of Tennessee into the States of Missouri and Arkansas of quantities of the 
above-named drugs which were misbranded and certain of which were also 
adulterated. Portions of the articles were labeled: "Erbru Roots and Herbs 
Medicine Co. Memphis, Tenn." The remainder were labeled: "Lucky Heart 
Co. Memphis, Tenn."
Analyses showed the following: The Tiger Head Antiseptic Nerve and Bone 
Liniment consisted essentially of extracts of plant drugs including capsicum, 
a small proportion of oil of sassafras, alcohol (not less than 58.6 percent 
by volume), chloroform (not more than 23.4 minims per fluid ounce), and water 
The Kandu Vegetable Compound Female Regulator consisted essentially of 
extracts of plant drugs, alcohol, sugar, and water flavored with cloves. The 
Erbru Health Herbs and Iron consisted essentially of Epsom salt (6.4 grams 
per 100 cubic centimeters), a small proportion of an iron compound, extracts 
of plant drugs including a laxative drug, salicylates, sugar, and water. The 
Wonder Skin Ointment and Brightener contained a small proportion of red mer- 
curic oxide (2.8 percent) incorporated in a petrolatum base. The Preacher's No- 
s Kidney Bladder Rheumatism Backache Remedy consisted essentially of small 
proportions of potassium acetate, methenamine, extracts of plant drugs, sugar, 
and water. The Vapo Nose and Throat Drops consisted essentially of small 
proportions of ephedrine, eucalyptol, and cinnamic aldehyde incorporated in 
a mineral oil base. The Healo Salve contained small proportions of zinc oxide 
and camphor, benzocaine, resorcinol, and rosin incorporated in a petrolatum 
and lanolin base. Bacteriological examination showed that it was not an 
antiseptic when used as directed. The Vapo Overnight Salve contained ap- 
proximately 10 percent of volatile oils, including menthol, eucalyptol, and 
methyl salicylate, incorporated in a petrolatum base. The Kiss Sweet Tooth 
Paste consisted essentially of calcium carbonate, soap, sugar, glycerin, talcum,
and water. Bacteriological examination showed that it was not a germicide. 
The Glandeen Tablets contained extracts of plant drugs (including damiana 
and nux vomica) and iron carbonate; and were coated with calcium car- 
bonate and sugar. The San-I-Gene Douche Powder consisted essentially of 
boric acid (90 percent) and small proportions of paraformaldehyde, potassium 
alum, and methyl salicylate, perfumed with oil of peppermint. Bacteriological 
examination showed that it was not an antiseptic when used as directed. The 
Bewino Beef Wine and Iron Tonic and Builder consisted essentially of a small 
proportion of iron and ammonium citrate, protein, sugar, alcohol, and water.
The Antiseptic Nerve and Bone Liniment was alleged to be misbranded in 
that certain statements in the labeling falsely and fraudulently represented 
that it would affect curatively and therapeutically diseases, disorders, or acute 
abnormal conditions of the nerves and bones; that it was effective to relieve 
aches, pains, swelling, simple neuritis, headaches, toothaches, cuts, weak back, 
lumbago, stomach aches, pains and cramps, fresh cuts, burns, neuralgia, sci- 
atica, earache, cankered sore mouth, sore nipples, ulcers, sore throat, hoarse- 
ness, bronchial cough, whooping cough, spasmodic croup, diarrhoea, dysentery, 
bloody flux, cholera morbus, muscular rheumatism, muscular cramp, lameness, 
lame back, swellings, stiff and sprained muscles, and to cause pains to go out 
from the human body, to cause users thereof to be healthy; to create pep and 
to infuse with life; to penetrate to the nerves and bones and thereby to afford 
relief from diseases or disordered conditions therein; to rush a new supply 
of blood to aching spot when applied by rubbing, for the treatment of lumbago, 
neuritis, burns, and backache; to afford soothing relief when used in the 
treatment of colic, cramps, heartburn, indigestion, and stomach ache. This 
article was alleged to be misbranded further in that the statements (bottle) 
"Alcohol 50%" and (carton) "Contains 50% Alcohol by volume, Chloroform 26 
min. to each Pl. Ounce," were false and misleading since it contained 60 
percent of alcohol by volume and less chloroform than represented; and in that 
it contained chloroform and the bottle label failed to bear a statement of 
the quantity or proportion of chloroform contained in the article.
The Kandu Vegetable Compound Female Regulator and Builder was alleged 
to be misbranded in that it was falsely and fraudulently represented to be 
effective to regulate and to build the physical organization of weak, run-down, 
nervous women, to cure female weakness; to prevent painful menstruation 
periods; to cure physical conditions within the description of nervous, run- 
down, and blue conditions; to restore appetite; to cure cramps, pains, head- 
aches and to correct irregularity in the menstrual flow; to make women healthy.
The Erbru Health Herbs were alleged to be misbranded in that they were 
falsely and fraudulently represented to be effective to relieve users from heart- 
burn, torpid liver, irregular action of the kidneys, dull pains, sour stomach, 
physical exhaustion, headaches, biliousness, and similar ailments; to strengthen, 
build, and purify the blood and nerves; to relieve sufferers of swimming in the 
head; to give a clear, bright, healthy complexion; and to cleanse the system; to 
rid the human system of health-destroying poisons; to give sparkling health 
and long life; to produce pure, strong, healthy blood; to clear away pimples 
and banish dizziness and dull pains; to cure sour stomach, gas pains, clogged 
bowels, bloating, heart palpitation, torpid liver and swimming in the head; to 
impart life, pep, and energy; to strengthen, build and purify the nerves and 
blood; they were alleged to be misbranded further in that the following state- 
ments, (bottle) "Genuine Erbru Herbs and Iron, Full Strength Roots, Herbs, 
Barks, Berries, and Iron Compound Tonic, Erbru is fresh full strength roots, 
herbs, barks, berries and Iron, nature's own remedy. Guaranteed Made from 
pure roots, herbs, barks, berries and iron," (carton) "Health Herbs, and Iron. 
Full Strength Roots, Herbs, Barks, Berries, and Iron Compound Tonic. You get 
the full strength of Erbru's Pure Roots, Herbs, Barks, Berries, Flowers and 
Iron because it's sealed for your protection," and (circular) "Natures own 
marvelous berry juices—roots, barks, herbs, iron Full strength roots, herbs, 
barks, berries and iron compound," were false and misleading in that they 
represented that the article was a compound of iron, roots, herbs, barks, and 
berries, and that it derived its efficacy solely from such ingredients; whereas it 
consisted chiefly of Epsom salt, an iron compound, extracts of plant drugs in- 
cluding a laxative drug salicylate, sugar, and water.
The Wonder Skin Ointment and Brightener was alleged to be misbranded 
in that it was falsely and fraudulently represented to be effective to remove
83647—38 2
blemishes and to clear the complexion; to heal sallow skin and other skin 
imperfections; to heal eczema, pimples, dark blotches, ringworm, tetter, and 
other skin troubles; to remove rough, bumpy, muddy-looking skin; to build 
up the complexion; to produce young skin in just a few treatments; and to 
be effective in each of these various respects without burning or injuring the 
most delicate skin: To heal the skin and keep it young; to clear away blem- 
ishes and dark splotches, eczema, and all minor skin ailments. It was alleged 
to be misbranded further in .that the metal container bore the statement, "A 
Harmless Guaranteed Ointment that will not burn or injure the most delicate 
skin," which was false and misleading in that 3 percent of the article, more or 
less, was red mercuric oxide, and that such quantity of red mercuric oxide 
caused it to be potentially harmful and dangerous to the most delicate skin.
The Preacher's No-Ru Kidney Bladder Rheumatism Backache Remedy was 
alleged to be misbranded in that it was falsely and fraudulently represented 
to be effective as a remedy in the treatment of disorders of the kidneys, liver 
and bladder, and of rheumatism and backache; to relieve backaches, dizziness, 
burning, smarting sensations^ weak bladder, aching bones, leg pains and rheu- 
matic pains; to cure backache, rheumatism, uric acid burning, backaches, 
nervousness, swollen feet, aching limbs, lumbago, kidney trouble; to eliminate 
acids and poisonous wastes from the kidneys; to cure pains in the back, dull 
complexion, puffy circled eyes: to cure kidney and bladder disorders; to give 
health and happiness; and to make one peppy and full of life. It was alleged 
to be misbranded further in that the statements, (bottle and circular) "Contains 
Nature's Roots, Herbs and Berries," and (carton) "Contains Nature's Roots, 
Herbs and Berries. No-Ru is made with fresh-pure-roots-herbs and berries. 
Nature's Remedy," were false and misleading in that they represented that the 
article was composed of roots, herbs, and berries and that its efficacy was de- 
rived solely from such ingredients; whereas it was composed essentially of 
potassium acetate, methenamine—which are not derived from roots, herbs, and 
berries—and extracts of plant drugs, sugar, and water.
The Vapo Genuine Nose and Throat Drops were alleged to be misbranded 
in that they were falsely and fraudulently represented to be effective to relieve 
sore throat, hay fever, asthma, inflamed nasal passages, and chest colds.
The Healo Salve was alleged to be adulterated in that its strength and purity 
fell below the professed standard and quality under which it was sold in that 
a circular contained in the package represented that it was "made from roots 
and herbs"; whereas it contained ingredients and substances not found in roots 
and herbs, namely, zinc oxide, benzocaine, and resorcinol, it also contained 
camphor and rosin and these ingredients were incorporated in a petrolatum 
base. It was alleged to be misbranded in that it was falsely and fraudulently 
represented to be effective to heal wounds, cuts, sores, boils, burns, pimples, 
skin diseases, irritations, eruptions, aching feet, and itching or burning caused 
by eczema; to cure piles and pimples; to afford instant relief when used in the 
treatment of wounds, cuts, boils, aching feet, skin diseases, itching, burning, 
skin eruptions, eczema, and piles; to be beneficial when used in the treatment 
of animal cuts, wounds, scratches, udders; to cause a user thereof to be peppy, 
full of life and healthy; to serve the purposes of an antiseptic; to heal burns, 
boils, wounds and cuts and to cure piles. It was alleged to be misbranded fur- 
ther in that the statement in the circular, "Made from roots and herbs," 
was false and misleading since the said statement represented that the efficacy 
the article was derived solely from roots and herbs; whereas it contained zinc 
oxide, benzocaine, and resorcinol, and also camphor and rosin—ingredients not 
found in roots and herbs—incorporated in a petrolatum and lanolin base.
The Vapo Genuine Over Night Salve was alleged to be misbranded in that it 
was falsely and fraudulently represented to be effective to penetrate the flesh 
to the seat of and to cure coughs, sore throats, chest colds, tonsillitis, asthma, 
sore throat, neuralgia, lung colds, hoarseness and headaches; to cure soreness 
and tightness on the chest or throat; to cure backaches, cuts, stiff neck, rheu- 
matism, lumbago, and itching piles; to cure coughs, grippe, flu, rheumatism, 
bronchitis, catarrh, croup, piles, chest colds, sore throat; to act as a preventive 
of dangerous sickness.
The Kiss Sweet Tooth Paste was alleged to be adulterated in that it fell 
below the professed standard and quality under which it was sold since it was 
labeled "Kills Germs," whereas it was not a germicide. ' It was alleged to be 
misbranded in that it was falsely and fraudulently represented to be effective to 
strengthen the gums; to make the gums healthy red and to prevent decay.    It
was alleged to be misbranded further in that the statement on the tube, 
"Kills germs," was false and misleading since it was not a germicide.
The Glandeen was alleged to be misbranded in that it was falsely and fraudu- 
lently represented to be effective to augment or to restore human courage; to 
act as a "powerful strength invigorator"; to so effect the glands of the human 
organism as to restore lost vitality or lost manhood; to rehabilitate the human 
body when in a run-down condition.
The San-I-Gene Sanitary Antiseptic Douche Powder was alleged to be mis- 
branded in that it was falsely and fraudulently represented to be effective to 
heal and to protect the female sexual organs safely, harmlessly, and dependably ; 
to maintain health; to enable one to get well when not well and to cause users 
to be healthy, peppy, and full of life. It was alleged to be misbranded further 
in that the statements on the jar and in the circular, "Antiseptic Douche 
Powder. Dissolve from one to two teaspoonfuls in a quart or more of warm 
water," were false and misleading since it was not an antiseptic.
The Bewino Beef Wine and Iron Tonic was alleged to be misbranded in that 
it was falsely and fraudulently represented to be effective to tone and renew 
and strengthen the human body; to restore sickly, run-down puny people to 
normal health and vigor; to impart pep and energy; to aid digestion; to cause 
one to be sensible to its efficacy in these several respects after taking the very 
first dose of the article; to impart to the blood its essential elements and to 
purify the blood. It was alleged to be misbranded further in that it contained 
alcohol and its package failed to bear on the label a statement of the quantity 
or proportion of alcohol contained in the article.
On March 19, 1938, the defendants entered pleas of guilty and the corpora- 
tion was sentenced to pay $308 and the individual defendants were each 
sentenced to pay $146, a total of $600, which sums were in lieu of fines and costs.
HARRY L. BROWN, Acting Secretary of Agriculture.