12123. Misbranding? of Smitn's Irachu litliia pills. TJ. S. v. 161 Boxes, et ail., 
of Smith's Bncbn Lithia Pills. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. Nos. 17905, 17906, 17907. S. 
Nos. E-4527, B-4528, E-4530.)
On November 5, 1923, the United States attorney for the Southern District 
of New York, 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 451 boxes of Smith's buchu lithia pills, remaining in the 
original unbroken packages at New York, N. Y., alleging that the article had 
been shipped by W. F. [C. F.] Smith, from Boston, Mass., in various consign- 
ments, namely, on or about June 3, August 25, and September 27, 1923, respec- 
tively, and transported from the State of Massachusetts into the State of New 
York, 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 depart- 
ment showed that the pills consisted essentially of potassium and sodium 
nitrate and citrate, magnesia, licorice, uva ursi, and soap, coated with sugar 
and iron oxide.
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, re- 
garding its curative and therapeutic effects, (box and circular) "For Rheu- 
matism And All Diseases Of The Kidneys, Blood And Urinary Organs. Bright's 
Disease, Congestion of the Kidneys, Bladder Troubles, Dropsical Swellings, 
Cystitis, Nephritis, Diabetes, Nervous Debility, Malaria, Gout, Neuralgia, Sci- 
atica, etc., Gravel, Stone in the Bladder, Pain in Back, Lumbago, etc., Sleep- 
lessness, Nervousness, Female Complaints and Irregularities And all Blood 
Impurities Due to Defective Action of the Kidneys * * * Uric Acid Solvent," 
(circular) " a specific for Bheumatism and all diseases of the Kidneys and 
Bladder. * * * by removing the cause * * * will cure finally any cur- 
able case. * * * pale sallow complexion, headache, dyspepsia * * * 
and a long train of diseases. * * * They cure rheumatism, because they 
cure the kidneys * * * ' permanently cured of obstinate kidney trouble and 
backache * * * completely cured of kidney trouble, backache and urinary 
trouble * * * sure cure for kidney trouble * * *.' ' * * * the best rem- 
edy for weak kidneys * * *t> < * * * recommend them to any one with 
suppression or stoppage of urine.' * * * For Backache, Inflammation of 
the Kidneys * * * Bladder * * * Dropsy, Whites or Leucorrhoea 
* * * Loss of Sleep, Lost Vitality, Painful Menstruation * * * Catarrh 
of the Bladder Incontinence of Urine or Inability to Hold Water * * * 
In all old or chronic cases * * * to remove the uric acid * * * 
strengthen the kidneys and bladder and purify the blood. * * * perma- 
nent cures will certainly be the result. * * * If your case is chronic con- 
tinue their use * * * they will cure any case," were false and fraudulent, 
since the said article did not contain any ingredient or combination of ingredi- 
ents capable of producing the effects claimed.
On March 17, 1924, 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.
C. F. MARVIN, Acting Secretary of Agriculture.