12059. Misbranding  of Foley kidney pills.     17.  S. v.  14A  Dozen Bottles  of
Foley Kidney Pills.     Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No. 18018.    S. No. E~4576.)
On November 15, 1923, the United States attorney for the District of Mary- 
land, 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 14A dozen bottles of Foley kidney pills, at Baltimore, Md., 
alleging that the article had been shipped by Foley & Co., from Chicago, Ill., on 
or about July 11, 1923, and transported from the State of Illinois into the State
of Maryland, 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 consisted essentially of potassium nitrate, 
methylene blue, hexamethylene tetramine, and plant products, including resin 
and a volatile oil such as juniper or turpentine oil.
Misbranding of the article was alleged in the libel for the reason that the 
following statements borne upon the bottle label and carton and in the accom- 
panying circular, regarding the curative and therapeutic effect of the said 
article, to wit, (bottle and carton) "Kidney Pills For Irritation of Kidneys 
find Bladder, for Backache and Rheumatism due to Kidney Disorders," (cir- 
cular) "Kidney Pills For Irritations of Kidneys and Bladder, for Backache 
and Rheumatism due to Kidney Disorders * * * kidneys * * * weak- 
ened by disease * * * inflamed and congested * * *. 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," were 
false and fraudulent, in that the article did not contain any ingredient or com- 
bination of ingredients capable of producing the curative and therapeutic effect 
claimed.
On January 23, 1924, 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.
HOWARD M. GOBE, Acting Secretary of Agriculture.