1043. Misbranding: of Balm and Gilead Herb Tonic, Manning's Asthma Plaster,
Asthma Tea, D. R. Manning Asthma Salve, Manning's Princess Gaynell
Hair Tonic, D. R. Manning: Throat Gargle, D. R. Manning: Antiseptic Douch
Powder, Manning's Whoa Liniment, an article labeled "For Nervous Run
Down Women," Blood Tonic, and Blood and Liver Capsules. U. S. v. Don-
ald R. Manning: (Manning- Herb House). Plea of guilty. Defendant
placed on probation for 3 years. (F. D. C. No. 8781. Sample Nos. 80081-E
to80091-E, incl.)
On March 18, 1943, the United States attorney for the Northern District of
Alabama filed an information against Donald R. Manning, trading as the
Manning Herb House, Bessemer, Ala., alleging shipment on or about March 30,
1942, from the State of Alabama into the State of Ohio of quantities of the
above-named products which were misbranded.
Analysis of the Balm and Gilead Herb Tonic showed that it contained plant
drug extractives (no alkaloids), a small amount of gum resin, reducing sugar,
and water, and possessed a, balsam-like odor. It was alleged to be misbranded
in that the statements appearing in its labeling which represented and sug-
gested that it would be efficacious in the cure, mitigation, treatment, or pre-
vention of asthma cough and chronic cough; and that it would be efficacious as
a tonic for persons afflicted with asthma cough or chronic cough were false and
misleading since it would not be efficacious for these purposes.
Analysis of Manning's Asthma Plaster showed that it consisted essentially
of dry ground mustard and ground black pepper. It was alleged to be mis-
branded in that the statement "Asthma Plaster," borne on its label, was false
and misleading since it represented and suggested that the article would be
efficacious in the cure, mitigation, treatment, or prevention of asthma, whereas
it would not be so efficacious. It was alleged to be misbranded further in that
it was in package form and did not bear a label containing an accurate state-
ment of the quantity of the contents, since the label of the article bore no
statement of the quantity of the contents: and in that it was not designated
by a name recognized in an official compendium; and it was fabricated from two
or more ingredients and the label on its package failed to bear a statement
of the common or usual name of each active ingredient.
Analysis of the Asthma Tea showed that it consisted essentially of roughly
ground plant material. It was alleged to be misbranded in that the statement
"Asthma Tea," borne on its label, was false and misleading since it represented
and suggested that the article would be efficacious in the cure, mitigation,
treatment, or prevention of asthma, whereas it would not be so efficacious. It
was alleged to be misbranded further in that it was in package form and its
label failed to bear an accurate statement of the quantity of the contents,
since the package was labeled "Contents 3 Ozs.," whereas it contained materially
less than 3 ounces of the article, i. e., 1.70 ounces net.
Analysis of the D. R. Manning Asthma Salve showed that it consisted essen-
tially of a small amount of volatile oils, including menthol, eucalyptol, and
camphor, incorporated in a petrolatum base. It was alleged to be misbranded
in that the statements appearing in its labeling which represented and suggested
that the article would be efficacious in the cure, mitigation, treatment, or
prevention of head colds, headache, catarrh, hay fever, asthma, and sinus were
false and misleading since the article would not be efficacious for those purposes.
Analysis of Manning's Princess Gaynell Hair Tonic showed that it contained
a small amount of plant debris and bore a moderate odor of cardamon or
lavender. It was alleged to be misbranded in that the statements appearing
in its labeling which represented and suggested that it would be efficacious
as a food or fertilizer for the hair, would feed the roots of the hair, and would
act as a tonic for the hair were false and misleading since it would not be
efficacious for those purposes.
Analysis of the D. R. Manning Throat Gargle showed that it consisted
essentially of plant material,  probably of citrus  and pineapple  origin,  and
water, preserved with sodium benzoate. It was alleged to be misbranded in
that the statements appearing in its labeling which represented and suggested
that it would be efficacious in the cure, mitigation, treatment, or prevention of
sore throat, hoarseness, and inflammaion of the throat; that it would be
efficacious as a tonic; and that it would remove goiters, were false and mislead-
ing since the article would not be efficacious for the purposes recommended.
Analysis of the D. R. Manning Antiseptic Douch Powder showed that it
consisted essentially of boric acid and oxyquinoline sulfate in the respective
proportions of about four to one. Bacteriological examination showed that the
article was not antiseptic when diluted according to directions. 
It was alleged
to be misbranded in that the statements appearing in its labeling which repre-
sented and suggested that the article, in the dilutions recommended, was an
antiseptic and would be efficacious as a douche in maintaining feminine hygiene
were false and misleading since the article, in the dilutions recommended, was
not an antiseptic within the meaning of the law, and would not be efficacious
for the purpose recommended.
Analysis of the Whoa Liniment showed that it-consisted essentially of an
inflammable hydrocarbon capable of ignition with red hot metal, .and that it
contained mustard oil and camphor. It was alleged to be misbranded in that
the statements appearing in its labeling which represented and suggested that
the article would be efficacious in the cure, mitigation, treatment, or prevention
of rheumatism, sciatica, lumbago, arthritis, hurts, pains, aches, head and back
aches, cuts, and sores; and that it would cause aches and pains to disappear,
were false and misleading since it would not be efficacious for those purposes.
Analysis of the article "For Nervous Run Down Women" showed that it
consisted essentially of a small amount of plant debris, water-soluble plant
extractives, and water. It was alleged to be misbranded in that the statement
"For Nervous Run Down Women," appearing in its labeling, was false and
misleading since it represented and suggested that the article would be efficacious
in the cure, mitigation, treatment, or prevention of nervous, run-down conditions
.in women, whereas it would not be efficacious for those conditions.
Analysis of the Blood Tonic showed that it contained plant debris, water-
soluble plant extractives, and water, and possessed a foul odor suggestive of bur-
dock or Jimson weed. It was alleged to be misbranded in that the statement in
its labeling, "Blood Tonic," was false and misleading since it represented and
suggested that the article was a tonic for the blood, whereas it was not.
Analysis of the Blood and Liver Capsules showed that they contained mer-
cury (about 10 percent) and black pepper.
The article was alleged to be misbranded in that the statements appearing
in its labeling which represented and suggested that it would be efficacious in
the cure, mitigation, treatment, or prevention of diseases or disorders of the
blood, liver, stomach, and bowels were false and misleading since the article
would not be efficacious for those purposes. It was alleged to be misbranded
further in that it was in package form and its label failed to bear an accurate
statement of the quantity of the contents in terms of weight, measure, or nu-
merical count, since the envelope containing the article bore the statement
"Quantity 44 Capsules," whereas the envelope contained 14 capsules.
On June 30, 1943, the defendant having entered a plea of guilty, the court
placed him on probation for a period of 3 years.