1560. Misbranding of Thymus Arthritis Treatment, Liniodol, and Breasts of
Youth Capsules. 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. Conviction affirmed on appeal. (F. D. C. No. 8819. Sample Nos.
14001-E, 61980-E, 80691-E, 82103-E.)
INFORMATION FILED : April 20,1943, Northern District of Illinois, against Dr. Jean
Paul Fernel, Chicago, 111.; amended information filed October 25, 1943.
ALLEGED SHIPMENT: Between March 23 and July 4, 1942, from the State of
Illinois into the States of California, Oregon, Ohio, and Florida.
PRODUCT : Analyses disclosed that the Thymus Arthritis Treatment was in the
form of capsules containing salt and a mixture of glandular and plant materi-
als ; that the Liniodol consisted essentially of linseed oil, and that the Breasts of
Youth Capsules contained glandular material and mineral matter including
compound of aluminum and silicon.
NATURE OF CHARGE: Thymus Arthritis Treatment, misbranding, Section 502 (a),
the name of the article was false and misleading since it represented and
suggested that the article would be efficacious in the cure, mitigation, treat-
ment, or prevention of arthritis, whereas it would not be efficacious for those
purposes; and certain statements on the label of the article and in accom-
panying circulars entitled ''Arthritis Diet" and "Arthritis and Its Modern
Treatment" were false and misleading since they represented and suggested that
the article, when used in conjunction with the diet recommended in the circular
entitled "Arthritis Diet" and in accordance with the treatments recommended in
the circular entitled "Arthritis and Its Modern Treatment," would be efficacious
in the cure, mitigation, treatment, or prevention of arthritis, whereas the article,
either alone or in conjunction with the diet, and when used as directed or
otherwise, would not be efficacious for those purposes; and, Section 502 (e) (2),
the label failed to bear the common or usual name of each active ingredient and
the quantity or proportion of thyroid in the article.
Liniodol, misbranding, Section 502 (e) (1), the label did not bear the
common or usual name of the article, linseed oil; and, Section 502 (f) (1),
the label failed to bear adequate directions for use since the directions, "15
drops during the meal in one teaspoonful of lemon juice, taken three times
daily," did not inform the reader of the use or uses for which the article was
intended, and were therefore inadequate.
Breasts of Youth Capsules, misbranding, Section 502 (a), the name of the
article and certain label statements were false and misleading since they rep-
resented and created the impression that the article would be efficacious to cor-
rect underdeveloped, atrophied, flabby, and pendulous breasts; that it would
be efficacious to develop in the consumer the firm, well-developed breasts of
youth; and that it would be efficacious to develop and nourish the bust or
breasts, whereas the article would not be efficacious for those purposes; and,
Section 502 (e) (2), the label of the article failed to bear the common or usual
name of each active ingredient.
The Breasts of Youth Capsules and certain other articles known as Essence
No. 7, Fernel Nerve & Brain Food, and Endocrin Rejuvenation Food were alleged
to be misbranded under the provisions of the law applicable to foods, as re-
ported in notices of judgment on foods.
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 by the court and was sentenced to serve 1 year
in jail and to pay a fine of $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.
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