17608.  Misbranding of  Dr.   "Ware's   Black   powder   and  Dr.   "Ware's   Black 
powder tablets.    V.  S.  v.  5 Dozen Packases  of Dr. "Ware's Black I 
Powder,  et al.     Default  decree  of  condemnation, forfeiture,  and ' 
destruction.     (F. & D. Nos. 24880, 24881.    I. S. Nos. 037636, 037637.    S. No. 
3217.)
Samples of drug products known as Dr. Ware's Black powder and Dr. Ware's 
Black powder tablets from the herein described interstate shipment, having 
been found to bear in the labeling certain curative and therapeutic claims 
not justified by their composition, the Secretary of Agriculture reported the 
facts to the United States attorney for the Eastern District of Louisiana.
On July 7, 1930, the United States attorney filed in the District Court of the 
United States for said district a libel praying seizure and condemnation of 5 
dozen packages of Dr. Ware's Black powder and one dozen packages of Dr. 
Ware's Black powder tablets, remaining in the original unbroken packages at 
New Orleans, La., alleging that the articles had been shipped by the W. S. 
Kirby Co., Dallas, Tex., on or about April 9, 1930, and transported from the 
State of Texas into the State of Louisiana, and charging misbranding in viola- 
tion of the food and drugs act as amended.
Analyses of samples of the articles by this department showed that Dr. 
Ware's Black powder consisted essentially of charcoal, bismuth subsalicylate, 
and an iron compound; Dr. Ware's Black tablets contained the same substances 
in tablet form.
It was alleged in the libel that the articles were misbranded in that the 
following statements borne on the labels were false and fraudulent, since the 
articles contained no ingredients or combinations of ingredients capable of 
producing the effects elaimed: (Dr. Ware's Black powder, carton label) "For 
the Stomach and Bowels * * * Antiseptics * * * For Dysentery, Sick 
Headache,  Cholera  Morbus   and  Intestinal  Indigestion    *    *    *    Antiseptics.
* * * In the treatment of diseases of the stomach and Bowels. * * * in 
treating all diseases of the Stomach and Bowels;" (Dr. Ware's Black Powder, 
bottle label) "Antiseptic 'Black Powder' * * * For the Stomach and 
Bowels, Intestinal Indigestion, Dysentery, Dyspepsia, * * * Cholera Mor- 
bus, Colic, Sick Headache * * * For the Treatment of Babies;" (Drr 
Ware's Black powder, circular) " For the treatment of all stomach and bowel - 
troubles-dyspepsia, indigestion * * * cramp colic, cholera morbus, sick 
headache, intestinal indigestion, dysentery, catarrh of the stomach and bowels, 
constipation and diseases of the rectum, by acting directly on the digestive 
organs and alimentary canal alleviating the cause of the disease, * * * 
healing * * * antiseptic * * * purifying and cleansing the stomach 
and bowels. * * * Dyspepsia * * * dyspepsia * * * Sick Head- 
ache    *    *    *    Catarrh   of   Stomach   and   Bowels    *    *    *    Cholera   Morbus
* * * For Colic or Cramp Colic * * * [testimonials] Several years ago 
I was troubled with stomach troubles and I tried Ware's Black Powder Tablets 
which gave immediate relief, * * * I have been a user of Ware's Black 
Powder for many years, and for dyspepsia or indigestion it has no equal;" 
(similar statements in Spanish) (Dr. Ware's Black powder tablets, carton 
label) " For Stomach and Bowel Ills, Dyspeps'a, Indigestion. * * * treat- 
ment of Dyspepsia, Indigestion and other forms of stomach, trouble. * * * 
used in any form of stomach and bowel complaint. * * * Dyspepsia, Indi- 
gestion * * * Pains * * * For Dysentery, Cholera Morbus, Diarrhoea, 
Bloody Flux; one to three tablets every hour until relieved;" (Dr. Ware's 
Black powder tablets, large carton label) " For Stomach and Bowel Ills, Dys- 
pepsia, Indigestion, * * * Dyspepsia, Indigestion * * * Pains * * * 
For Dysentery, Cholera Morbus, Diarrhoea. Bloody Flux, one to three tablets 
every hour until relieved. * * * treatment of Dyspepsia, Indigestion and 
other forms of stomach trouble. * * * used in any form of stomach and 
bowel complaint."
On August 5, 1930, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be destroyed by the United States marshal.
ABTHTXK M. HYDE, Secretary of Agriculture.