12793. Misbranding-  of Smith's  buehu  lithia pills.     V.  S.  v.  6  Dozen  Boxes
of Smith's Bnchn Lithia Pills. Default decree of condemnation, 
forfeiture, and destruction.     (F. & D. No. 17903.    B. No. E-4553.)
On November 5, 1923, the United States attorney for the District of Mary- 
land, acting upon a report by the Seci*etary of Agriculture, filed in the District 
Court of the United States for said district a libel praying the seizure and 
condemnation of 6 dozen boxes of Smith's buchu lithia pills, remaining in the 
original unbroken packages at Baltimore, Md., alleging that the article had 
been shipped by W. F. Smith, from Boston, Mass., on or about October 29, 1923, 
and transported from the State of Massachusetts 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 
department showed that the product was an iron-oxide-coated pill containing 
powdered licorice, extracts of plant drugs, including uva ursi and podophyllum, 
sodium, potassium, lithium, and magnesium compounds, including nitrate aud 
citrate, and soap.
Misbi-anding of the article was alleged in the libel for the reason that the 
following statements, borne on the box containing the said article and in the 
accompanying circular, regarding the curative and therapeutic effects of the 
article, (box and circular) "For Rheumatism And All Diseases Of The Kid- 
neys, Blood And Urinary Organs. Bright's Disease, Congestion of the Kidneys, 
Bladder Troubles, Dropsical Swellings, Cystitis, Nephritis, Diabetes, Nervous 
Debility, Malaria, Gout, Neuralgia, Sciatica, etc., Gravel, Stone in the Bladder, 
Pain in Back, Lumbago, etc., Sleeplessness, Nervousness, Female Complaints 
and Irregularities And all Blood Impurities Due to Defective Action of the 
Kidneys * * * Urie Acid Solvent," (circular) "a specific for Rheumatism 
and all diseases of the Kidneys and Bladder.    *    *    *   by removing the cause,
* * * will cure finally any curable case. * * * pale sallow complexion, 
headache, dyspepsia, * * * and a long train of diseases. * * * They 
cure rheumatism, because they cure the kidneys * * *," (testimonials) 
'? permanently cured of obstinate kidney trouble and backache * * * com- 
pletely cured of kidney trouble, backache and urinary trouble, * * * sure 
cure for kidney trouble. * * * the best remedy for weak kidneys * * * 
recommend them to any one with suppression or stoppage of urine. For Back- 
ache, Inflammation of the Kidneys, * * * Bladder, * * * Dropsy, 
Whites or Leucorrhoea * * * Loss of Sleep, Lost Vitality, Painful Men- 
struation, * * * 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.
* * * permanent cures will certainly be the result. * * * If your case 
is chronic continue their use    *    *    *    they, will cure any case," were false
and fraudulent, in that the said article contained no ingredient or combination 
of ingredients capable of producing the effects claimed.
On January 8, 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.
HOWARD M. GORE, Secretary of Agriculture.