4317. Alleged, inisTbramlimg of oriental cream. U. S. * * * v. 6 Dozen.?
Battles of Oriental Cream. Triecl to the court. Jtidg-meiit for?
elaSms&t.     (P. & D. No. 31&9.    I. S. No. 19W-&.    S. No. 1172.)
On-November 23, 1911, the United States attorney for the Eastern District of?
Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel, and on November 16,?
1911, an amendment to the libel, praying the seizure and condemnation of 6?
dozen bottles of a certain drug product purporting to be an oriental cream,?
remaining unsold in the original unbroken packages at Milwaukee, Wis.., alleging?
that the product had been shipped on October 5, 1911, and transported from?
the State of New York into the State.of Wisconsin, and charging misbranding?
in violation of the Food and Drugs Act. Each bottle was labeled: " Oriental?
Cream or Magical Beautifier, an Elegant and Delicate Preparation for the skin?
and complexion, for tan, pimples, freckles, morphew and blemishes of the?
Cuticle. Prepared by Ferd T. Hopkins, Successor to T. Felix Gouraud, 37 Great?
Jones Street, New York. Price $1.50 per bottle. Guaranteed by Ferd T. Hop??
kins, under the Food & Drugs Act, June 30, 1906. Serial No. 1583. Directions;?
Shake the bottle well; apply with a piece of velvet sponge and rub quickly with?
a soft surface. The thinner put on the more delicate the complexion. None?
genuine without the signature of T. Felix Gouraud." (On sticker around the?
neck of the bottle) " Use Gourauds Oriental Velvet Sponge to apply Oriental?
Cream." (On paster on bottom of bottle) "Gourauds Oriental Velvet Sponge?
should always be used when applying Oriental Cream to obtain the best results.?
It is specially selected for applying this article and will give better satisfaction?
than by using an ordinary sponge, Price 50c at Druggists and Fancy Goods?
Dealers, or will be mailed direct on receipt of price. F. T. Hopkins, Prop."?
(Following words blown in glass of bottle) " Oriental Cream Gourauds New?
York."
Misbranding of the article was alleged in the libel for the reason that the?
bottles containing said drug product bore certain statements regarding it and?
the ingredients and substances contained therein which were false and mis??
leading; that among said false and misleading statements was the following,?
to wit, that the term " Oriental Cream " led one to believe, and was calculated?
to convey the impression, that it was a drug similar to, and composed of in??
gredients characteristic of, cold cream, whereas, in truth and in fact, said so-?
called Oriental Cream was a solution in water of mercurous chlorid, commonly?
known as calomel. Misbranding was alleged in the amendment to the libel for?
the reason that the words " Oriental Cream," appearing on said label as afore??
said, were calculated to convey the impression and deceive the public into the?
belief, and cause and lead the buyers and consumers thereof to believe, that?
said drug product was a cream of oriental origin, made, manufactured, and pre??
pared in the Orient, whereas, in fact and in truth, said cream constituting and?
composing said drug product as aforesaid was not of oriental origin, or made,?
manufactured, or prepared in the Orient, but was made, manufactured, and?
prepared in the United States of America.
On January 15, 1912, and on April 19, 1912, the Milwaukee Drug Co., claim??
ant, Milwaukee, Wis., filed its answer and new answer, respectively. On July?
30, 1915, the case having come on for hearing and having been submitted to?
the court as an issue of law upon the pleadings, after argument by counsel,?
judgment in favor of the claimant company was rendered by the court, and it?
was ordered that the libel in the case be dismissed.
The court (Geiger; J.) found, in effect, that the word "Cream," in the?
phrase " Oriental Cream," was used in an adjective or descriptive sense.    He
446	
BUREAU   OF   CHEMISTRY.	
[Supplement 17,
compared it to the expression " Cream of Wheat" and said that the word?
" Cream," in the sense in which it was employed, was the equivalent of?
quintessence; that is to say, that it represented the highest and best and purest?
concentration of the product or the drug in connection with which it was em??
ployed ; and because the statement " Prepared by Ferd. T. Hopkins, Successor?
to T. Felix Gouraud, 37 Great Jones Street, New York," also appeared upon the?
label directly under the expression " Oriental Cream," the court determined?
that there could be no deception as to the' place of origin and that the pur??
chaser could not be deceived or misled into believing that the contents consti??
tuting and comprising said drug product was of oriental origin.
CAEL VEOOMAN, Acting Secretary of Agriculture.
N. J. 4301-4350.]   SERVICE  AND  REGULATORY  ANNOUNCEMENTS.	447