10807. Misbranding1 of Prof. Dnprec's French specific pills. U. S. v. 5?
Gross Packages of Prof. Dnpree's French Specific Pills. Default?
decree   of   condemnation,   forfeiture,   and   destruction.      (F.   &   D.
No. 15048.    I. S. No. 10716-t.    S. No. W-986.)
On June 21, 1921, the United States attorney for the Southern District of Cali??
fornia, 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 condem??
nation of 5 gross packages of drugs labeled in part, " Prof. Dupree's French?
Specific Pills," remaining in the original unbroken packages at Los Angeles,?
Calif., consigned by the United Drug Exchange, New York, N. Y., alleging that?
the article had been shipped on or about February 29, 1921, and transported?
from the State of New York into the State of California, and charging mis??
branding in violation of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed that the pills contained aloes, iron sulphate, a trace of tansy oil,?
and plant drugs, coated with a mixture of sugar, starch, calcium carbonate, and?
talc, colored, some blue, others pink.
Misbranding of the article was alleged in substance in the libel for the reason?
that it was labeled in part in the circulars accompanying it as follows, " * * *?
For use in the suppression of irregularities of the menses * * * efficient?
in their results * * * take one pill every two hours, alternating first the?
blue and then the pink, until the desired effect is produced * * * In cases?
where the period is irregular * * * commence the use of these pills, three?
or four days before the expected time by taking one pill every four hours?
until the time arrives. * * * girls approaching the age puberty, who have?
not overcome the functional derangements induced by that * * * change?
* * * can be given these pills with great benefit * * * Reliable,"?
whereas the said drug contained no ingredient or combination of ingredients?
capable of producing the curative and therapeutic effects claimed for it, and?
the statements on the labels and packages and in the circulars were false and?
fraudulent.
On April 19. 1922, 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 disposed of in accordance with the provisions of the Food and?
Drugs Act.
C. F. MARVIN, Acting Secretary of Agriculture.