12008. Misbranding of Foley kidney pills. V. S. v. O Bottles, et al., of 
Foley Kidney Pills. Default decree of condemnation, forfeiture, 
and destruction.     (P. & D. No. 18047.    I. S. No. 6715-v.    S. No. C-4182.)
On November 14, 1923, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure 
and condemnation of 9 large bottles and 9 dozen small bottles of Foley kidney 
pills, at St. Louis, Mo., alleging that the article had been shipped by Foley & 
Co., Chicago, Ill., on or about September 25, 1923, and transported from the 
State of Illinois into the State of Missouri, and charging misbranding in viola- 
tion 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 consisted essentially of potassium nitrate, methy- 
lene 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 regarding its curative and therapeutic effects, (bottle, 
carton, and circular) " Kidney Pills For Irritation [circular, ' Irritations'] 
of Kidneys and Bladder, for Backache and Rheumatism due to Kidney Dis- 
orders," (circular) "kidneys * * * weakened by disease * * * in- 
flamed and congested * * *. In addition to taking Foley Kidney Pills, we 
offer a few simple, but practicable [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 fraud- 
ulent, since the said article did not contain any ingredient or combination of 
ingredients capable of producing the effects claimed.
On January 30, 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. GORE, Acting Secretary of Agriculture,