18309. Misbranding of Dr. Samuel H. P. Lee's lltbontrlptlc. U. S. v. 3 
Dozen Packages of Dr. Samuel H. P. Lee's Lltbontrlptlc. Default 
decree of condemnation, forfeiture, and destruction.     (F. & D. No.
26185.    I. S. No. 28087.    S. No. 4481.)
Examination of a drug product, known as Dr. Samuel H. P. Lee's lithon- 
triptic, from the shipments herein described having shown that the carton 
and bottle labels and the accompanying circular bore statements representing 
that the article possessed curative and therapeutic properties which it did not 
possess, the Secretary of Agriculture reported the matter to the United States 
attorney for the Eastern District of Pennsylvania.
On April 6, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of E dozen packages of Dr. Samuel H. P. Lee's lithontriptic, remabiing 
in the original unbroken packages at Philadelphia, Pa., consigned by the S. H. P. 
Lee Co. (Inc.), New York, N. Y., alleging that the article had been shipped from 
New York, N. Y., in part on or about January 9, 1931, and in part on or about 
January 28, 1931, and had been transported from the State of New York into 
the State of Pennsylvania, 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 was 
a plastic mass containing potassium nitrate (5.5 per cent), potassium carbonate 
{9.8 per cent), potassium chloride (.08 per cent), soap (53.7 per cent), volatile 
oil including juniper oil or turpentine oil (4.0 per cent), iron oxide (0.9 per 
cent), and water.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing in the labeling, regarding the curative or thera- 
peutic effects of the said article, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Carton and bottle) "Lithontriptic for Stone and Gravel in the 
Kidneys, Liver and Bladder;" (circular) "Lithontriptic for Stone and Gravel 
in the Kidneys, Liver and Bladder * * * and Kidney Diseases, with their 
train of Secondary Affections, such as Dropsy, Dyspepsia, Chronic Vomiting, 
Chronic Rheumatism-Diseases of the Heart, Liver, and general infirmity of 
constitution. Also for Diabetes, and diseases of the Prostate Gland, Gout, 
Calculi or Gall Stones, inflammation of the Bladder, Strangury and Bloody 
Urine, Bright's Disease in its incipient stages, Leucorrhoea (or Whites), and 
Uterine Difficulties. Directions * * * It is necessary to take the medicine 
uninterruptedly, it being a constitutional and alterative remedy, and should be 
continued as long as any symptoms of the complaint exist. * * * To be 
rid of the calculi or gall stones in the biliary ducts, known to exist by the 
violent paroxysms of sharp, cutting, pungent paints at the pit of the stomach,
extending through the region of the liver, and vomitings, accompanied with 
white or light-colored stools, the medicine should be continued without inter- 
ruption two to eight months * * * To prevent a recurrence of the gall 
stones, in bad cases, the medicine should be continued, about two pills per day 
one or two years. But, when the disease is of long standing, or there is a large 
stone in the bladder or kidneys it will take from five to twelve months."
On April 29, 1931, 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.
AETHUB M. HYDE, Secretary of Affriculture.