9649. Misbranding of Diol Pacific pills.     U. S.     *     *     *     v. 60 Dozen Bot¬
tles of * * * Diol Specific (Peciflc) Pills. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. No. 14689. I. S. 
No. 10554-t.    S. No. W-903.)
On March 80, 1921, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure 
and condemnation of 60 dozen bottles of Dubois Specific (Pecific) pills, re- 
maining in the original unbroken packages at Seattle, Wash., alleging that the 
article had been shipped by W. J. Baumgartner, Detroit, Mich., on or about
November 22, 1920, ,and transported from the State of Michigan into the State 
of Washington, and charging misbranding in violation of the Food and Drugs 
Act, as amended.    The article was labeled in part:  (Circular)  "Bois Pills
* * * Reliable Female Tonic and Regulator. * * * a female tonic and 
regulator of menstrual disturbances and for relieving general female disorders. 
Needless pain and suffering may be prevented by the use of Dubois Pills
* * * a female tonic exerting helpful medicinal action over the female 
orKans. * * * of utmost value in assisting in the relieving of pain, due to- 
leucorrhea, etc., and regulating the menses. * * * suppressed menstruation,, 
painful menstruation, * * * for leucorrhea * * * In cases of men- 
strual disturbances the course of treatment may be commenced at any time- 
when the indications suggest that the menstrual period is delayed due to tak- 
ing cold or exposure.    *    *    *    When the period is irregular   *    *    *."
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed that the pills consisted essentially of aloes and ferrous sulphate, 
coated with calcium carbonate and sugar.
Misbranding of the article was alleged in substance in the libel for the 
reason that the above-quoted statements appearing in the labeling, regarding 
the curative and therapeutic effects thereof, were false and fraudulent, since- 
the said article contained no ingredient or combination of ingredients capable 
of producing the effects claimed.
On May 2, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.