§893. Misbranding of Essence No. 7, Fernel Nerve and Brain Food, Breasts of 
Youth Capsules, and Endocrin liejuvenation Food. U. S. v. Dr. Jean 
Paul Fernel. Plea of not guilty. Tried to the court. Verdict of guilty. 
Sentence of 1 year in jail plus fine of $500 affirmed on appeal.    (F. D. C.
No. 8819.   Sample Nos. 73985-E, 80690-E, 82103-E, 82104-E.)
INFORMATION FILED : April 29,1943, Northern District of Illinois, against Dr. Jean 
Paul Fernet, Chicago, Ill.; amended information filed October 25,1943.
ALLEGED SHIPMENT:   Between March 17 and April 25, 1942, from the State of
Illinois into the States of Kansas, Ohio, and Florida. 
PRODUCT: Analyses disclosed that the Essence No. 7 consisted of magnesium 
chloride; that the Fernel Nerve and Brain Food contained calcium phosphate, 
an oily material, and starch; that the Breasts of Youth Capsules contained 
glandular material and mineral matter, including compounds of aluminum and 
silicon; and that the Endocrin Kejuvenation Food consisted essentially of 
glandular material, including pancreas and salt. 
NATURE OF CHARGE: Essence No. 7. Misbranding, Section 403 (a), a certain 
label statement was false and misleading since it represented and suggested 
that the article contained essential halogen food minerals, whereas it did not 
contain all the essential halogen food minerals; and, Section 403 (i) (1), the 
label did not bear the common or usual name of the article, i.e., magnesium 
chloride.
Ferrell Nerve and Brain Food. Misbranding, Section 403 (a), the name of 
the article was misleading since it represented and created the impression 
that the article contained ingredients of special value in the nourishment of 
the nerves and brain, whereas it contained inconsequential amounts of ingre- 
dients having food value; and the statement, "Liniodol, remedies colds and 
catarrh," in an accompanying price list, was false and misleading since it 
represented and suggested that the drug Liniodol would be efficacious in the 
cure, mitigation, treatment, or prevention of colds and catarrh, whereas it 
would not be efficacious for such purpsoses. Further misbranding, Section 
403 (i) (2), the label did not bear the common or usual name of each ingre- 
dient of the article.
Breasts of Youth Capsules. Misbranding, Section 403 (a), the name of the 
article and certain statements on the label were false and misleading since 
they represented and created the impression that the article would be efficacious 
in correcting underdeveloped, atrophied, flabby, and pendulous breasts; that 
it would be efficacious in developing in the consumer the firm, well-developed 
breasts of youth; and that the article would be efficacious in developing and 
nourishing the bust or breasts. The article would not be efficacious for those 
purposes. Further misbranding, Section 403 (i) (2), the label failed to bear 
the common or usual name of each ingredient of the article.
Endocrin Rejuvenation Food. Misbranding, Section 403 (a), the name of 
the article was false and misleading since it represented and suggested that 
the article would rejuvenate and restore youthful vigor, whereas it would not 
rejuvenate and restore youthful vigor; and, Section 403 (i) (2), the label 
failed to bear the common or usual name of each ingredient of the article.
The Breasts of Youth Capsules and certain other articles known as Thymus 
Arthritis Treatment and Liniodol were alleged to be misbranded under the
*See also No. 8858.
provisions of the law applicable to drugs, as reported in notices of judgment 
on drugs and devices, No. 1560.
DISPOSITION : On November 10,1943, the defendant having entered a plea of not 
guilty, the case came on for trial before the court. On November 16, 1943, 
the defendant was found guilty, was sentenced to serve 1 year in jail, and was 
fined $500. Notice of appeal to the United, States Circuit Court of Appeals for 
the Seventh Circuit was filed by the defendant on November 19, 1943, and on 
October 3,1944, a decision was handed down by that court affirming the decision 
of the district court.