13080. Misbranding of Gary's vegetable ointment. U. S. v. 5 Bottles, et al., 
of Dr. Gray's (Gary's) "Vegetable Ointment. Decrees of condemna- 
tion, forfeiture, and destruction. (F. & D. Nos. 18170, 18171, 18172, 
18174. I. S. Nos. 7328-v, 7330-v, 7334-v, 7336-v. S. Nos. C-4222, C-4223, 
0-4224,  C-4226.)
On December 15, 1923, the United States attorney for the Northern District 
of Mississippi, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district libels, and on April 7, 
1924, amended libels, praying the seizure and condemnation of 27 bottles of 
Dr. Gray's (Gary's) vegetable ointment, in various lots, at Tupelo, West Point, 
Starkville, and Iuka, Miss., respectively, alleging that the said lots of the 
article had been shipped by the Sloan & Spencer Medicine Co., from Birming- 
ham, Ala., on or about the respective dates of February 5, May 16, July 10, 
and October 25, 1923, and transported from the State of Alabama into the 
State of Mississippi, and charging misbranding in violation of the1 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 consisted of two immiscible liquids, the 
lighter of which consisted mainly of kerosene, and the heavier, of alcohol; 
both contained turpentine oil, camphor, and menthol.
Misbranding of the article was alleged in the libels for the reason that .the 
statement, borne on the label, " Vegetable Ointment" was false and mislead- 
ing, since the said ointment consisted principally of kerosene and alcohol with 
a small amount of turpentine, camphor, and menthol. Misbranding was alleged 
for the further reason that the packages or labels failed to bear a true statement 
of the quantity or proportion of alcohol contained in the article.
Misbranding was alleged in the libels as amended for the further reason 
that the following statements regarding the curative and therapeutic effects 
of the article, appearing in the labeling, (carton) " Dr. Gary's Vegetable Oint- 
ment is recommended for all of the chief ailments known to the human system.
* * * benefits received, in treatment of nearly every disease known to the 
human system, * * * Chills, * * * Fever, Typhoid, Pneumonia or 
Bloat caused by malaria * * * Night Sweats," (booklet) "Dr. Gary's 
Vegetable Ointment * * * Service to Suffering Humanity From Rheuma- 
tism, Lumbago, Stomach Trouble, Kidney Trouble, Constipation, Liver Trouble, 
Yellow Jaundice, * * * Cramps, Malaria, Chills, Fever, Pellagra, Eczema, 
Sores, Corns, Bunions, * * * gives life Instead of destroying it. * * * 
extracts the root of the disease. * * * relieves all of the chief ailments 
known to infest the human system by removing the cause. * * * dropsy, 
rheumatism and various other so called ailments, * * * a clogged liver or 
weak kidneys * * * is known to produce more cures among all ages than 
any other medicine * * * This is * * * an established fact. No matter 
how long standing * * * will relieve you * * * It will immediately enter 
into the system, destroying the disease germs, purifying the blood and building 
up the entire system to a state of perfect health. For catarrh of the head and 
throat, * * * In * * * Chills and Fever, Typhoid, Pneumonia or Bloat, 
caused by Malaria * * * If the bowels are swollen from typhoid, pneumonia 
or chills, increase the application until relief is obtained * * * " a medi- 
cine that will cure your rheumatism."    *    *    *    an awful cold and cough
* * * left arm was paralyzed from the shoulder down and' * * * could 
not use it at all for three months. * * * After a week's application the arm 
was perfectly all right * * * heart trouble, high blood pressure and rheu- 
matism. * * * ovarian neuralgia. * * * rheumatic paralysis or kidney 
trouble, * * * liver, kidney and heart trouble, * * * liver wasso swollen 
that his ribs were bent outward    *    *    *    swelling has gone from his liver
* *    *    my liver was dead.   *   *   *   convulsions   *   *   *   bearing down pain
* * * neuritis * * * cold and side pleurisy * * * caused his leg 
to swell to twice its original size; * * * trouble * * * was non-circula- 
tion of the blood or rheumatism,    *    *    *    swollen all over    *    *    *    pains
and aches in all her joints; * * * swollen bowels. * * * all swollen and 
caked    *    *    *   kidney trouble and piles.    *    *    *   risings all over my body
* * * slow fevers * * * bowels began to enlarge gradually, * * * 
tonsilitis    *    *    *   bleeding piles.    *    *    *    appendicitis.    *    *    *   a tumor
* *    *   kidney and gall stones;   *   *   *   milk leg   *   *   *   Spanish influenza
* * * inflammatory rheumatism * * * hemorrhage of the lungs * * * 
rheumatism and weak kidneys * * * helped my hearing, * * * breaking 
out on her hands and * * * splotches on her face * ? * neuritis (kidney 
disease), with high blood pressure. * * * high blood pressure and some 
Bright's * * * severe cough and night sweats," were false and fraudulent, 
in that the said article contained no ingredient or combination of ingredients 
capable of producing the effects claimed.
On April 7, 1924, no claimant having appeared for a portion of the product 
and the claimants for the remainder of the said product having admitted the 
allegations of the libels, judgments of condemnation were entered, and it was 
ordered by the court that the product be destroyed by the United States 
marshal.
R. W. DUN-LAP, Acting Secretary of Agriculture.