369. Misbranding of Double Quick Liver Tablets, Compound Herb Tea, Blessed
Herb Tea, Herb Wash, and St. Bernard Compound Herb Tea. U. S. v.
Dr. Lyncha A. Johnson. Plea of guilty. Fine, $1,500. Sentenced to
6 months'  imprisonment in a jail or a Federal prison camp.     (F.  D   C.
No. 2112. Sample Nps. 84175-D to 84183-D, Incl., 84380-D, 84641-D, 84642-D,
84645-D to 84647-D. incl.)
These products were misbranded because of false and misleading representa-
tions in the labeling regarding their efficacy in the treatment of the ail-
ments for which they were recommended; false and misleading representations
regarding the efficacy of herbs in the treatment of a great number of ailments,
including the most serious disorders; and in some instances because of false
and misleading representations regarding their ingredients.
On October 8, 1940, the United States attorney for the Western District of
Tennessee filed an information against Dr. Lyncha A. Johnson, trading as Dr.
Lyncha A. Johnson, at Memphis, Tenn., alleging shipment within the period from
on or about January 4 to on or about January 16, 1940, from the State of
Tennessee into the States of Arkansas and Missouri of quantities of the above-
named proprietary herb remedies that were misbranded.
Analyses of samples of each of the four shipments of Double Quick Liver
Tablets showed the following facts: (1) tablets contained plant materials,
including ginger and emodin-bearing drugs such as senna, aloe, and podophyllum ;
(2) tablets contained plant material, including aloe, podophyllum, emodin-
bearing drugs such as senna and buckthorn, and calomel (slightly less than 1
grain per tablet) ; (3 and 4) tablets consisted essentially of plant material
(including ginger, podophyllum, and a laxative plant drug such as senna), and
unidentified cellular plant tissues.
The Double Quick Liver Tablets were alleged to be misbranded in that the
statement "Active Ingredients: Buckthorn, Aloes, Mandrake, Senna," borne on
the box, was false and misleading since it represented that buckthorn, aloes,
mandrake, and senna were the sole active ingredients of the article, whereas
the article in three of the shipments contained a material proportion of ginger
as an active ingredient and in the fourth it contained a material proportion
of calomel as an active ingredient. It was alleged to be misbranded further
in that the statement "Double Quick Liver Tablets * * * quick and strong
action upon the Liver," borne on the box label, was false and misleading since
it represented that the article was efficacious as a liver tablet and would exert
a quick and strong action upon the liver; whereas it would not be efficacious
for such purposes.
Analyses of samples of each of the five shipments of the Compound Herb
Tea showed the following facts: (1) The product consisted essentially of
plant material including rosemary and unidentified green leaves; (2) it con-
sisted essentially of plant material, containing sassafras bark and rosemary
leaves; (3) it consisted essentially of plant material including sassafras bark,
chicory, red clover flowers and stems, green leaves resembling Eupatorium,
senna leaves, and unidentified fine debris; (4) product consisted essentially of
plant material including rosemary leaves, unidentified starchy material, and
small pieces of root-like material; and (5) product consisted essentially of
small pieces of leaves, stems, and unidentified plant debris. The Compound
Herb tea was alleged to be misbranded in that the statement "Whites, Gon-
orrhoea, and Leucorrhoea," borne on the label, was false and misleading since
they represented that the article was efficacious in the treatment of whites,
gonorrhoea, and leucorrhoea; whereas it was not efficacious for such purposes.
Analysis indicated that the Blessed Herb Tea consisted essentially of plant
material including couch grass, calamus, mistletoe, and unidentified plant debris.
It was alleged to be misbranded in that the statements "For Bright Disease"
and "for Bloody and Scalding Urine and Stricture," borne on the label, were
false and misleading since they represented that it was efficacious in the treat-
ment of Bright's disease and for bloody and scalding urine and stricture;
whereas it was not efficacious for such purposes.
Analysis of the Herb Wash indicated that it consisted essentially of ground
and powdered oak bark. It was alleged to be misbranded in that the state-
ments, "For Female Disorder * * * It may be used freely, also for Gonor-
rhoea, or any Disorder of the Water Passage * * * in bad case of falling
of the Womb," borne on the label, were false and misleading since they rep-
resented that the article was efficacious in the treatment of female disorder,
gonorrhoea, any disorder of the water passage, and bad case of falling of the
womb; whereas it was not efficacious for such purposes.
Analysis of the St. Bernard Tea indicated that it consisted essentially of
plant material including sassafras bark, uva ursi, mallow flowers, buchu leaves,
and unidentified plant debris. It was alleged to be misbranded in that the
statements, "Very soothing in inflammation and irritation of the Kidneys and
Bladder, Gravel, Backache and certain rheumatic affections * * * Tonic
* * * Antispasmodic," borne on the label, were false and misleading in that
they represented that it was soothing in inflammation and irritation of the kid-
neys and bladder, gravel, backache, and certain rheumatic affections, and that
it was a tonic and an antispasmodic; whereas it would not be efficacious for
such purposes.
All of the remedies were alleged to be misbranded further in that certain
statements contained in circulars entitled "The Herbal Healer," "Dr. Lyncha A.
Johnson Herbalist," and "Dr. Lyncha A. Johnson Herbal Health Herald," one
or more of which accompanied each of the articles, were false and misleading
in that they represented that herbs would be effective in the cure, mitigation,
treatment, or prevention of the various ailments, diseases, and pathological
conditions listed in said circulars, which included diabetes, Bright's disease,
paralysis, fibri tumor, tuberculosis, cancer, epileptic fits, syphilitic diseases, and
numerous other serious ailments; whereas herbs would not be effective for such
purposes.
On November 20, 1940, a plea of guilty having been entered, the court im-
posed a fine of $1,500, and the defendant was sentenced to 6 months' imprison-
ment in a jail or Federal prison camp.