3288. Misbranding of cancer cure.   U. S. v. 2 Bottles, etc.    (F. D. C. No. 29080.
Sample No. 49689-K.)
LIBEL FILED :   April 19,1950, District of Colorado.
ALLEGED SHIPMENT: The Hoxsey Cancer Clinic shipped from Dallas, Tex., to
Denver, Colo., on or about March 28,1950, two pint bottles of a product labeled,
in part: "From Hoxsey Cancer Clinic, 4507 Gaston Ave., Dallas, Texas. To
Regular Concentrate add enough water to make 1 Gal. Shake Well." Lin-
wood E. Downs transported from the Hoxsey Cancer Clinic, Dallas, Tex., to
Denver, Colo., during or about September 1948, 1 unlabeled jar containing
approximately 2 ounces of a yellow powder.
Approximately 90 booklets which related to the drug and which were en-
titled "Hoxsey Cancer Clinic Specializing in Cancer" were shipped also from
Dallas Tex., from the Hoxsey Cancer Clinic.
PRODUCT: Analysis of a sample of the "Regular Concentrate" showed that it
was a dark brown, opaque liquid having a bitter taste suggesting cascara, and
having the odor and taste of licorice, and that it consisted essentially of an
aqueous solution of potassium iodide, licorice, and other plant extractives,
including (probably) cascara.
Examination of the yellow powder showed that it consisted principally
of arsenious sulfide, arsenious oxide, and aluminum silicate.
NATURE OF CHARGE: Misbranding, Section 502 (a), the labeling of the article,
namely, the above-mentioned booklets, contained statements which repre-
sented and suggested that the articles were effective in the treatment and cure
of cancer, whereas the articles were not effective for such purposes; and,
Section 502 (f) (2), the labeling of the yellow powder failed to bear ade-
quate warnings against use in those pathological conditions where its use may
be dangerous to health, and against unsafe dosage and methods and duration
of administration, or application, in such manner and form as are necessary
for the protection of the user. The articles were misbranded when intro-
duced into, and while in, interstate commerce, and while held for sale after
receipt in interstate commerce.
DISPOSITION : June 1, 1950. Default decree of condemnation. The court or-
dered that the articles of drugs and booklets be released to the Food and Drug
Administration.