2657. Action to enjoin and restrain the interstate shipment of Eamba or Kamba
Tonic. U. S. v. John L. Denney. Tried to the court. Injunction granted.
Action for violation of injunction tried to the court. Defendant placed
on 6 months'probation.   (Inj. No. 98.)
COMPLAINT FILED : May 25, 1944, Southern District of California, against John
L. Denney, Fresno, Calif., alleging that the defendant was engaged in the
manufacture, production, and sale of a product known as Eamba and Kamba
Tonic; that the product was manufactured from a herb of the rose family,
probably of Chamaebatia foliolosa, commonly known as bear grass or mountain
misery; that it was prepared in three forms, a ground dried herb, the water
extract of the herb preserved with sodium benzoate, and the distilled form
which is the condensate obtained when boiling the herb with water in the
preparation of the water extract of the herb.
The complaint alleged further that the defendant had been and was still
shipping the products in interstate commerce under labeling which represented
that the herb form was an antitoxin and antiseptic for internal and external
use; that it was a tonic and would cure many conditions and diseases, especially
arthritis; that the liquid preparation was an antiseptic for internal and ex-
ternal use and was effective as a treatment for disorders of the stomach and
bowels, for constipation, hemorrhoids, and arthritis; that the herb and liquid
products were capable of destroying poison and bacteria and were beneficial
for internal and external troubles, carbuncles, skin diseases, arthritis, bronchial,
lung, ear, and eye troubles, sinus and hay fever, scalds, burns, cuts, bruises,
boils, athlete's foot, dandruff, constipation, female trouble, gall bladder, stomach
ulcers, sleeping sickness, mastitis in cows, dysentery and pneumonia in calves
and poultry, streptococcus in chickens and turkeys, and pneumonia and paral-
ysis in chickens; that the products contained 24,000 International Units of
vitamin A and "a lot of vitamin Bi"; that they were "preventive medicine
accepted by the United States through the mails as being OK" ; that they were
recommended for eczema, poison oak and ivy, neuralgia, arthritis, and other
rheumatisms, open sores, and all forms of skin diseases; that they would clear
up the average case of arthritis in about 3 months ; that they would kill poisons
and cleanse the system; and that "most of the demand for the herb is for
arthritis though it is wonderful for stomach ailments and in fact any ailment."
NATURE OF CHARGE: Misbranding, Section 502 (a), the statements in the label-
ing above referred to were false and misleading; Section 502 (b) (2), the
labels failed to bear a statement of the quantity of the contents; and, Section
502 (e), the labels failed to bear a statement of the common or usual names of
the active ingredients.
Adulteration, Section 501 (c), the strength of the articles differed from, and
their quality fell below, that which they purported and were represented to
possess since they were not "antitoxin" and "antiseptic," as represented.
PRAYER OF COMPLAINT: That the defendant be restrained and enjoined from
shipping in interstate commerce the drugs "Kamba" or "Kamba Tonic."
DISPOSITION: On or about August 30,1945, a default decree was entered grant-
ing the injunction. On September 26, 1945, the defendant filed a motion to
set aside the default decree, which was granted on October 8,1945.
On December 5, 1946, a decree for a permanent injunction was entered en-
joining the defendant from introducing or causing to be introduced into inter-
state commerce any herb concoction, distillate, or other preparations under
the name of "Kamba" or "Kamba Tonic" or any preparation made from the
genus of herbs known as Chamaebatia. On December 27, 1946, the writ of
injunction in accordance with said decree was issued.
On or about April 23, 1947, a complaint was filed charging violation of the
writ of injunction. On October 3, 1947, the matter having been tried before
the court, the defendant was found guilty of contempt and was sentenced to 6
months' imprisonment. The sentence was suspended, and the defendant was
placed on probation for 6 months.