13 520. Misbranding' of Madame Dean female pills. V. S. v. '.i Dozen Pack??
ages and 5 Dozen Packages of Madame Dean Female Pills. De??
fault decree of condemnation, forfeitnre, and destruction.     (F. &
D. Xo. 13328.    I. S. No. 10357-t     S. No. W-660.)
On August 18, 1920, 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 3 dozen packages, special strength, and 5 dozen packages,?
single strength, of Madame Dean female pills, remaining in the original un??
broken packages at San Francisco, Calif,, alleging that the article had been?
shipped by Martin Rudy, from Lancaster, Pa., in three consignments, namely.?
January 29 and December 12, 1919, and July 1, 1920, respectively, and trans??
ported from the State of Pennsylvania into the State of California, and charg??
ing misbranding in violation of the Food and Drugs Act, as amended.
Analyses of samples of the article by the Bureau of Chemistry of this de??
partment showed that the special strength pills contained quinine, aloes, iron?
sulphate, senecio flowers and herb, ginger, and cornstarch, and that the single?
strength pills contained quinine, aloes, iron sulphate, hydrastis, ginger, and?
cornstarch.
Misbranding of the article was alleged in substance in the libel for the?
reason that the following statements appearing in the labeling of the said?
article, (box and wrapper) " Female Pills * * * give relief in Female?
Disorders of the menstrual functions. * * * for Painful, Irregular and?
Scanty Menstruation," (booklet) " irregular, prolonged, or suppressed menstru??
ation. * * * Female Pills afford relief for these ailments. * * * a?
remedy intended solely for the relief of Amenorrhoea, Dysmenorrhoea, scanty?
and irregular menstruation, and other derangements of the reproductive sys??
tem * * * especially valuable in the fuctional changes * * * of the?
menopause or change of life. * * * act on the circulatory system of the?
uterus, thereby relieving painful, irregular and scanty menstruation, and as??
sist in re-establishing or restoring, the menstrual or monthly periods. * * *?
strengthen and build up the uterine functions," (circular) " a great i-elief?
against those general complaints the Female Sex is subject to; they help in?
crease the vital quality of the blood; assist to bring nature into its proper?
channel    *    *    ?-    f0r irregular, painful,  scanty or suppressed menstruations
*?*    *    should be taken    **    *    *    to assist nature with    *    *    *    disorders
*?* * during the change of life period. * * * Continue * * * the?
treatment until they give relief. * * * great relief from Pains or Head??
ache * * * for suppressed Menstruation * * * continue their use un??
til relieved * *= * take * * * until the menstrual flow commences?
again," were false and fraudulent since the said article contained no ingredient?
or combination of ingredients capable of producing the curative and therapeutic?
effects claimed.
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.