32779. Misbranding: of Foley kidney pills. V. S. v. 2-11/12 Dozen Large 
Bottles, et al., of Foley Kidney Pills, Default decree of condem- 
nation, forfeiture, and destruction. (F. & D. Nos. 18041, 18042, 18043. 
S.  Nos.  B-4578,  E-4579,  B-4580.)
On November 16, 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 libels praying the seizure 
and condemnation of 8% dozen large bottles and 16& dozen small bottles of 
Foley kidney pills, remaining in the original unbroken packages at New York, 
N. Y., alleging that the article had been shipped by Foley & Co., from Chicago, 
111., in various consignments, namely, on or about April 19, September 17, and 
October 4, 1923, respectively, and transported from the State of Illinois 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 de- 
partment showed that it consisted of pills containing potassium nitrate, methyl- 
ene blue, hexamethylene tetramine, and material derived from plant sources, 
including resin and volatile oil similar to juniper oil, coated with sugar and 
calcium carbonate.
Misbranding of the article was alleged in the libel for the reason that the 
following statements regarding the curative and therapeutic effect of the said 
article were false and fraudulent, since the article contained no ingredient or 
combination of ingredients capable of producing the effects claimed: (Bottle 
label, carton, and circular) " Kidney Pills for Irritation;" (circular, " Irrita- 
tions ") " of Kidneys and Bladder, for Backache and Rheumatism due to Kidney 
Disorders;" (circular) "kidneys * * * weakened by disease * * * in- 
flamed 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 im- 
portance;'' (circular for small size only)   " Satisfaction guaranteed."
On September 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, Secretary of Agriculture.