151. Misbranding of Miracle-Aid.   TJ. S. v. Norval C. Douglas (Miracle Products).
Plea of n&t guilty. Tried to tlte jury. Verdict of guilty. Sentence of 1 
year's imprisonment and flne of $4,000. Judgment reversed on appeal to 
the Circuit Court of Appeals; case returned to the District Court. Plea 
of nolo contendere subsequently entered and fine of $2,000 and costs im- 
posed.   (F. D. C. No. 14292.   Sample Nos. 41209-F, 63481-F.)
INFORMATION FILED: On or about June 20, 1945, Northern District of Illinois, 
against Norval C. Douglas, trading as Miracle Products, at Chicago, Ill.
ALLEGED SHIPMENT : On or about March 2 and April 26, 1944, from the State of 
Illinois into the States of Texas and Georgia.
PRODUCT: Examination showed that the product consisted essentially of water, 
with a small proportion of protein, such as egg white, and perfume.
NATURE OF CHARGE: Misbranding, Section 602 (a), certain statements on the 
label of the article and in an accompanying circular entitled "For the Preser- 
vation and Enhancement of Beauty," and an accompanying counter display 
card, were false and misleading, since they represented and suggested that the 
article would be efficacious in the correction and removal of wrinkles and 
double chin; that it would supply tissue proteins to the body; and that it would 
be efficacious in the correction and removal of the weather-beaten and mottled 
condition of the neck just under the ear. The article would not be efficacious 
for the purposes represented.
The information alleged also that another product, Miracle Slenderizing 
Cream, was misbranded under the provisions of the law applicable to drugs, as 
reported in notices of judgment on drugs and devices, No. 2121.
DISPOSITION : The defendant entered a plea of not guilty, and on December 3, 
1945, the case came on for trial before a jury. At the conclusion of the trial, 
the jury, on December 5, 1945, returned a verdict of guilty, and the court 
sentenced the defendant to serve 1 year in jail and imposed a fine of $1,000 on 
each of the 4 counts of the information. Subsequently, the case was appealed 
to the United States Circuit Court of Appeals for the Seventh Circuit, and on 
June 15, 1946, an opinion was handed down by that court, reversing the judg- 
ment of the lower court. The opinion is reported in the above-mentioned 
notices of judgment on drugs and devices, No. 2121.
A petition for rehearing was filed, and following its denial on July 6, 1946, 
the case was returned to the district court. On February 25,1947, the defendant 
entered a plea of nolo contendere, on which date the court imposed a fine of 
$2,000 and costs, which included charges against both the cosmetic and drug.