12957.  Misbranding of Foster's  backache kidney pills.    V.  S. v. 38 Dozen 
Packages  of Foster's Backache  Kidney Pills.     Default  decree  of
condemnation, forfeiture, and destruction.     (F. & D. No. 18118.    I. S. 
No. 11701-v.    S. No. W-1441.)
On November 27, 1923, the United States attorney for the Northern District 
of California, 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 38 dozen packages of Foster's backache kidney pills, re- 
maining in the original unbroken packages at San Francisco, Calif., alleging 
that the article had been shipped by the Foster-MeClennan [McClellan] Co., 
from Buffalo, N. Y., on or about August 31, 1923, and transported from the State 
of New York into the State of California, and charging misbranding in viola- 
tion of the food and drugs act.
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that the pills consisted of potassium nitrate, rosin, fenugreek, 
uva ursi, and an essential oil such as juniper or turpentine oil, coated with talc 
and sugar.
Misbranding of the article was alleged in the libel for the reason that the 
following statements, appearing in the labeling, (box and wrapper, English) 
"Backache Kidney Pills * * * For Kidney Complaints and diseases aris- 
ing from disorders of the Kidneys & Bladder Such As Backache, Stiff, Lame 
or Weak Back, Cold in the Back or Kidneys, Congestion of the Kidneys, In- 
flammation of the Bladder, Gravel, Scalding Urine, and Urinary Troubles," (cir- 
cular, English and Spanish) "Backache Kidney Pills" (Spanish "Pills for the 
Kidneys ") " For Kidney Complaints and diseases arising from disorders of the 
Kidneys & Bladder * * * if relief is not noticed, increase the dose * * * 
When relief is noticed the dose may be reduced * * * a good medicine," 
(pasteboard container for one dozen, English and Spanish) "Backache Kidney 
Pills For the Kidneys and Bladder, Backache, etc.," together with the design 
or device showing a cut of a figure about waist length, rear view, slightly 
stooped, head turned to the right, hands pressing on flanks, and inscription on 
arms, shoulders, and back, "Foster's Backache Kidney Pills," regarding the 
curative and therapeutic effects of the said article, were false and fraudulent, 
since the article contained no ingredient or combination of ingredients capable 
of producing the effects claimed.
On January 16, 1925, 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.
W. M. JAKDINE, Secretary of Agriculture.