9784. Misbranding of Pierce's pennyroyal tablets and Empress Brand 
tansy, cotton root, pennyroyal, and apiol tablets. U. S. * * * 
v. 25 Packages of Pierce's Pennyroyal Tablets and .72 Packages of 
Empress Brand Tansy, Cotton Root, Pennyroyal, and Apiol Tab- 
lets. Default decree of condemnation, forfeiture, and destruc- 
tion. (F. & D. No. 13276. I. S. Nos. 5807-t,. 5809-t. S. Nos. E-2664, 
E-2661.)
On August 31, 1920, the United States attorney for the Western District of 
Pennsylvania, 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 25 packages of Pierce's pennyroyal tablets and 72 packages 
of Empress Brand tansy, cotton root, pennyroyal, and apiol tablets, at Pitts- 
burgh, Pa., consigned by Robert J. Pierce, Inc., New York, N. Y., alleging that 
the articles had been shipped from New York, N. Y., June 2, 1920, and trans- 
ported from the State of New York into the State of Pennsylvania, and charging 
misbranding in violation of the Food and Drugs Act, as amended.
Analyses of samples of the articles by the Bureau of Chemistry of this de- 
partment showed that the pennyroyal tablets contained ferrous sulphate and 
plant extractives, including tansy and aloes, and that the tansy, cotton root, 
pennyroyal, and apiol tablets contained ferrous sulphate and plant extractives, 
including pennyroyal and aloes.
Misbranding of the articles was alleged in substance in the libel for the 
reason that the following statements regarding the therapeutic  or curative
effects thereof, appearing on the respective labels, to wit, (Pierce pennyroyal 
tablets) (box)"* * * the most Powerful and Reliable Emmenagogue known. 
The only safe, sure and always effectual remedy in suppression (stoppage) of 
the menstrual function," (circular) " The Celebrated Female Regulator *. * "' 
Active treatment should begin four or five days before the expected reappear- 
ance of the menstrual flow.    *    *    *    Take one    *    *    *    three times daily.
* *    *    follow    *    *    *    instructions    *    *    *    until the desired result is ob 
tained.    *    *    *    emmenagogue     medicine    *    *    *    they     have     invariably 
proved successful.    As a Preventative of Irregularities.—Take one    *    *    * 
three times daily,    *    *    *    They can always be depended upon as a monthly 
regulator,"  (Empress Brand tansy, cotton root, pennyroyal, and apiol tablets)
(label) "Robert J. Pierce's Empress Brand Tansy, Cotton Root, Pennyroyal 
and Apiol Tablets. A Safe Emmenagogue, Always Reliable And Effective. The 
Best Known Remedy For The Suppression Of The Menstrual Function," (cir- 
cular) "* * * Tansy, Cotton Root, Pennyroyal and Apiol Tablets * * -* 
The Celebrated Female Regulator * * * Delayed Menstruations When the 
suppression is of long standing, * * ' * take one * * * until four days 
before the time when the menses should appear. * * * immediately preced- 
ing the expected appearance of the menstrual flow, active treatment should be- 
gin. Take one * * * three times daily, * * * follow * * * in- 
structions * * * until the desired result is obtained. * * * Irregulari- 
ties    Where the   menses   are   not   regular,    *    *    *    are   invaluable.    Take
* * * before the expected appearance of the menstrual period," were false 
and fraudulent in that the said statements were applied to the articles so as to 
represent falsely and fraudulently and to create in the minds of the purchasers 
thereof the impression and belief that they were effective as remedies for the 
suppression of the menstrual function, when, in truth and in fact, the said 
articles were not in whole or in part composed of and did not contain ingredients 
or a combination of ingredients capable of producing such therapeutic effects.
On June 28, 1921, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the products be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.