17788. Misbranding of D-O-D Specific No. 3. V. S. v. 7 Cans of D-O-D Specific No. 3. Default decree of condemnation, forfeiture, and destruction. (F. & D. No. 24648. I. S. No. 033465. S. No. 2898.) Examination of a drug product known as D-O-D Specific No. 3 from the lierein-described interstate shipment having shown that the labels bore claim of curative and therapeutic properties that the article did not possess, the Secretary of Agriculture reported the matter to the United States attorney for the Northern District of Illinois. On March 29, 1930, the said United States attorney filed in the District Court of the United States for the district aforesaid a libel praying seizure and condemnation of seven cans of D-O-D Specific No. 3, alleging that the article had been shipped by the C. Nelson Smith Co. (Inc.), from Milwaukee, Wis., January 27. 1930, and had been transported from the State of Wisconsin into the State of Illinois, and charging misbranding in violation of the food and drugs act as amended. Analysis of a sample of the article by this department showed that it con- sisted essentially of a mixture of magnesium sulphate, sodium bicarbonate, potassium permanganate, and a small proportion of charcoal. It was alleged in the libel, among ether allegations, that the article was misbranded in that the following statements regarding the curative and thera- peutic effects of the said article, appearing on the tin container and in the accompanying circular, were false and fraudulent, since the said article con- tained no ingredient or combination of ingredients capable of producing the effects claimed: (Tin container) "For Sore Throat, Stomach an 1 Bowel Troubles. * * * For gangrene * * * barber'.s itch, * * * cholera morbus, colic, * * * sores, eczema, hives, * * * other skin diseases;" (circular) "Gangrene * * * [testimonials] Affidavit * * * My case was a diabetic gangrene of the most aggravated kind. The disease had pro- gressed all over one foot, to one and a half inches above the ankle * * * use D-O-D. The first treatment gave immediate and great relief. Now, after using D-O-D for three months, I am in perfect condition. My foot does not ache and the gangrene has entirely disappeared. * * * Affidavit. July 12, 1917, I made affidavit that I had been cured of diabetic gangrene by the use of D-O-D only. * * * I believe D-O-D -properly applied and directions closely followed will cure any case of diabetic gangrene. * * * Affidavit. On the 27th day of February, 1921, a diabetic abscess developed on my right foot and gangrene followed immediately, * * * Then gangrene developed on the other foot and was making rapid progress when * * * D-O-D that will cure gangrene. I was skeptical * * * Well I tried it and in three weeks' time there was another change for the better but we continued its use according to directions and made a complete and lasting cure, and I am satis- i fied that D-O-D applied according to directions will cure any case of diabetic gangrene. * * * Affidavit. * * * I am now and have been suffering with pulmonary tuberculosis for more than five years last past * * * I had diarrhoea and bowel cramps so badly that I almost died. * * * I used D-O-D for five days; it positively put my stomach and bowels in order. Also at the same hospital I developed what is known as a T. B. rectum. * * * the fistula came back, got very large * * * I injected a solution of D-O-D every evening for thirty days and the same became cured. D-O-D did nothing more nor less than save my life. It * * * will destroy * * * and heal bed sores. * * * Affidavit * * * Some years ago I was suffering with Kidney and Bladder trouble and * * * In 1917 I was examined and treated * * * and he diagnosed my illness as tuberculosis of the kidney * * * a friend of mine spoke to me about D-O-D and in- duced me to try it. * * * I noticed an improvement and continued its use with excellent results. During the past 3^ years I have used two $1.00 cans of your D-O-D and am in better health than I have been in 15 years. * * * Eczema, Running Sores, Shingles, Hives, * * * Barber's Itch * * * An efficient and harmless douche is so important and necessary in maintain- ing the good health of womankind that we give it special mention. * * * D-O-D as a douche, * * * cuts away dead tissue and kills poisonous seed or germs. * * * Steam and Vaporizing Asthma, Influenza, Bronchitis, Catarrh, * * * Sore Throat, Hay Fever, Grippe, * * * Poisonous Bites * * * Blood Poisoning * * * Carbuncles, Boils * * * Dyspepsia, Dysentery * * * Ptomaine Poisoning, Cholera Morbus, Colic * * * Pyorrhea * * * Diabetes * * * Piles;" (5-page folder) "Diabetes and D-O-D Facts Kot Fiction by One Who Knows Not From Hearsay but Actual Experience * * * For nine long years I suffered untold agony from dia- betes. In these same nine years I had no interest in life whatsoever. All I could see before me was an empty future. Today I am like the old colored sinner at a camp meeting. Just Want to Shout With Joy. It is truly 'A Grand Glorious Feeling' and D-O-D did it." On October 8, 1930, 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. ABTHUB M. HYDE, Secretary of Agriculture.