12035. Misbranding  of  Foley kidney pills.     U.   S.  v.  9  Large   Bottle*   and
113 Dozen Small Bottles of Foley Kidney Pills.     Default decree of
condemnation, forfeiture, and destruction. (P. & D. No. 18056. 
I. S. Nos. 7248-v, 7249-v.    S. No. C-4184.)
On November 14, 1923, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
District Court ofthe United States for said district a libel praying the seizure 
and condemnation of 9 large bottles and llf dozen small bottles of Foley kidney 
pills, at New Orleans, La., alleging that the article had been shipped by Foley 
& Co., Chicago, Ill., on or about October 6, 1923, and transported from the State 
of Illinois into the State of Louisiana, 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 potassium nitrate, methylene blue, 
hexamethylene tetramine, and plant material, including resin and juniper oil.
Misbranding of the article was alleged in substance in the libel for the reason 
that the following statements appearing in the labeling, regarding the curative 
and therapeutic effect of the said article, (bottle, carton, and circular) " Kidney 
Pills For Irritation [circular and carton, large size, ' Irritations'] of Kidneys 
and Bladder, for Backache and Rheumatism due to Kidney Disorders," (cir- 
cular) " kidneys * * * weakened by disease * * * inflamed and con- 
gested * * *. In addition to taking Foley Kidney Pills, we offer a few 
simple, but practical suggestions for the benefit of those having kidney and 
bladder troubles. 1st-Water should be drunk freely * * * . 2nd-The 
bowels must be kept active.    *    *    *    3rd-The diet is of great importance.
* * * Satisfaction Guaranteed [the words, ' Satisfaction Guaranteed' were 
omitted from circular in small size]," were false and fraudulent, since the 
article contained no ingredient or combination of ingredients capable of pro- 
ducing the effects claimed.
On December 26, 1923, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.