934. Misbranding of Cruez Herb Douche and Cruez No. 9 and No. 10 Herb Tea.
U. S. v. William H. Cruez, Sr. (St. Glair Herb Co.). Plea of guilty. Sen-
tence suspended and defendant place on probation for 5 years.     (F. D. C.
No. 7314.    Sample Nos. 1968-F, 7061-F to 7063-F, incl.)
The labeling of these products contained false and misleading therapeutic
claims.
On April 24, 1943, the United States Attorney for the Eastern District of
Illinois filed an information against William H. Cruez, Sr., a partner in the firm
of St. Clair Herb Co., East St. Louis, 111., alleging shipment on or about October
17, 19, and 24, 1942, from the State of Illinois into the States of Indiana and
Missouri of quantities of the above-named drugs which were misbranded.
Analysis of the Cruez No. 10 Herb Tea showed that it consisted essentially of
small proportions of extracts of plant drugs, salicylic acid, and water. It was
alleged to be misbranded in that the statements, "Remedies that Build
Health * * * Blood, Kidneys, Bladder, Rheumatism and Female Disorders,"
appearing in its labeling, represented and suggested that it would be efficacious
to build health; that it would be efficacious in the cure, mitigation, treatment, or
prevention of disorders and diseases of the blood, kidneys, and bladder, and of
rheumatism and female disorders, and were false and misleading since it would
not be efficacious for such purposes.
Analysis of the Cruez Herb Douche showed that it consisted essentially of a
small proportion of ferric sulfate and smaller proportions of compounds of
magnesium and calcium, and plant extractives and water. It was alleged to be
misbranded in that the statements "Remedies that Build Health * * * Rec-
ommended in the Relief of Infections and Growths of the Female Organs," ap-
pearing in its labeling, represented and suggested that it would be efficacious to
build health, and would be efficacious in the cure, mitigation, treatment, or
prevention of infections and growths of the female organs, and were false and
misleading since it would not be efficacious for such purposes.
Analysis of Cruez No. 9 Herb Tea showed that it consisted essentially of small
proportions of extracts of plant drugs, salicylic acid, and water. It was alleged
to be misbranded in that the statements "Remedies that Build Health    *    *    *
Blood, Gout, Kidneys, Bladder, Rheumatism and Run Down Manhood," appearing
in its labeling, represented and suggested that it would be efficacious to build
health, and would be efficacious in the cure, mitigation, treatment, or prevention
of disorders and diseases of the blood, kidneys, and bladder, and gout, rheuma-
tism, and run-down manhood, that is, impaired sexual vigor, and were false and
misleading since it would not be efficacious for such purposes.
All three of these products were also alleged to be misbranded further in that
they were in package form and did not bear labels containing accurate state-
ments of the quantity of their contents in terms of measure.
On June 17, 1943, the defendant having entered a plea of guilty, the court
suspended imposition of sentence and placed the defendant on probation for 5
years, with provision that he should discontinue the sale or the giving away
of medicines.