3455. Misbranding of Fountain of Youth.   U. S. v. Da-Vi Cantubra Laboratory
(Fountain of Youth and Fountain of Youth Mfg. Co.), David W. Holliday,
and Viola G. Giering. Pleas of guilty. Fine of $1,000 against laboratory
suspended; fine of $1,000 against Defendant Holliday and $500 against
?See also NOB. 3451-3454.

[D.D.N. J.
Defendant Giering. Each individual also sentenced to 1 year in prison;
prison sentences suspended and each individual placed on probation.
(F. D. C. No. 29992. Sample Nos. 47114-K, 47790-K, 47791-K, 52983-K,
53225-K.)
INFORMATION FILED : January 4, 1951, Southern District of Ohio, against the
Da-Vi Cantubra Laboratory, a partnership, formerly trading under the name
of Fountain of Youth and the Fountain of Youth Mfg. Co., at Dayton, Ohio,
and against David W. Holliday and- Viola G. Giering, partners in the partner-
ship.
ALLEGED SHIPMENT: On or about May 9, and 21 and September 3, 1949, and
January 9, 1950, from the State of Ohio into the States of Pennsylvania,
Texas, West Virginia, and Indiana.
PRODUCT : Examination showed that the product was a yellow semi-solid mass
with an aromatic odor, consisting essentially of oily material, including mineral
oil, saccharin, and sodium chloride, with a portion of the product also con-
taining sodium bicarbonate.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in ac-
companying circulars erititled "Fountain of Youth * * * Recommended as
a Treatment" and "Fountain of Youth * * * Good Enough For A King"
were false and misleading. The statements represented and suggested that
the article would be efficacious in the cure, mitigation, and treatment of harden-
ing of the breast, hardening of the stomach, tumor of the uterus, female trouble,
arthritis, after effects of infantile paralysis, fissure of the rectum, goiter, pus
in the lungs, open legs, malaria fever, spinal meningitis, kidney and bladder
trouble, stricture of the urinal tract, nervous, fluttering heart, piles, hemor-
rhoids, ulcerated stomach, gastric acidity, kidney stones, colds, colonitis,
asthma, stiff joints and muscles, hemorrhage of the mouth, spastic paralysis,
swollen feet, running ears, prostate gland trouble, and sugar diabetes; that
the article would be efficacious in the prevention of colds; that it would aid
digestion and would help one's eyesight; that it would build up the blood;
that it would enable one to become free from disease; that it would be
efficacious to remove gallstones and black scales in the gall bladder; that it
would be efficacious in the removal of worms in children; that it would be
efficacious to relieve a rash on the body and an itching of the skin; that
it would enable one to keep his blood in good condition; that it would help
one ward off colds and other diseases; and that it would be efficacious in the
cure, mitigation, and treatment of shakiness, rheumatism, gall bladder trouble,
nervousness, low blood pressure, pin worms, ulcers, dyspepsia, lumbago, bloat-
ing, sour stomach, gas in the bowels and stomach, scaly, rough, and dry skin,
aches and pains, stomach trouble, neuritis, high blood pressure, tuberculosis,
diarrhea, and cancer. The article would not be efficacious for the purposes
represented, and it would not fulfill the promises of benefit stated and implied.
DISPOSITION: May 24, 1951. Pleas of guilty having been entered, the court
imposed a fine of $1,000 against the partnership, $1,000 against Defendant
? Holliday, and $500 against Defendant Giering. However, the fine against
the partnership was suspended. In addition, the court sentenced both indi-
viduals to 1 year in prison, but suspended the execution of the prison sentences
and placed the individuals on probation, conditioned that they do not again
engage in any kind of a drug business.