11481. Misbranding? of DuBois Peciflc pills. -U. S. v. 148 Packages of?
lluBois Pacific Pills. Default decree of condemnation, forfei??
ture, and destruction. (P. & D. Nos. 14659, 14660. I. S. Nos. 10493-t,?
10494-t.    S. Nos. W-889, W-890.)
On March 18, 1922, the United States attorney for the Northern District of?
California, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 148 packages of DuBois Pacific [Peciflc] pills, alleging?
that the article had been shipped from Detroit, Mich., in part by the Parke,?
Davis Co., on December 3, 1920, and in part by W. J. Baumgartner, on De??
cember 17, 1920, and transported from the State of Michigan into the State of?
California, and charging misbranding in violation of the Food and Drugs Act,?
as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that the pills contained aloes and iron sulphate, with a?
coating of sugar and calcium carbonate.
Misbranding of the article was alleged in substance in the libel for the?
reason that the following statements appearing in the circular enclosed in the?
box containing the article, " DuBois 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 organs. * * * of utmost value in?
assisting in the relieving of pains, due to leucorrhea, etc., and regulating the?
menses. * * * suppressed menstruation, painful menstruation * * *. For?
leucorrhea * * *. In cases of menstrual disturbances the course of treat??
ment may be commenced at any time when the indications suggest that the?
menstrual period is delayed due to taking cold or exposure. * * * "When?
the period is irregular," were false and fraudulent since the said article con??
tained no ingredient or combination of ingredients capable of producing the?
curative and therapeutic effects claimed. Misbranding was alleged for the?
further reason that the statement appearing in tLe said circular, "DuBois?
Pills which are purely vegetable," was false and misleading.
On May 24, 1923, 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.
HOWARD M. GOEE, Acting Secretary of Agriculture.