i:;<>!)4.   Misbranding; of Foley kidney pills.     TJ. S. v. 1 Dozen Large and 2%     ' 
Dozen   Small   Bottles   of   Foley   Kidney   Pills.     Default   decree   of 
condemnation,   forfeiture,   and   destruction.     (F.   &   D.   No.   18044. 
S. No. E-4582.)
On November 14, 1923, the United States attorney for the Western 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 1 dozen large bottles and 2% dozen small bottles 
of Foley kidney pills, remaining in the original unbroken packages at Buf- 
falo, N. Y., consigned by Foley & Co., Chicago, Ill., alleging that the article- 
had been shipped from Chicago, Ill., October 30, 1923, 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 
department showed that it consisted of pills containing potassium nitrate,, 
methylene 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, appearing in the labeling: (Bottle label, carton, and 
circular) "Kidney Pills For Irritation" (circular "Irritations") "of Kid- 
neys and Bladder, for Backache and Rheumatism due to Kidney Disorders," 
(circular) "weakened by disease * * * inflamed 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 importance * * * satisfaction guaran- 
teed," were false and fraudulent, since the said article contained no ingredient 
or combination of ingredients capable of producing the curative or therapeutic 
effects claimed for it in the above-quoted statements.
On November 28, 1923, 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.
R. W. DUNLAP, Acting Secretary of Agriculture,
After the submission of evidence and arguments by counsel for the Govern- 
ment and defendant company, the court pronounced a judgment of not guilty, 
whereupon the defendant was discharged.
R. W. DUNLAP, Acting Secretary of Agriculture.