19658. Adulteration and Misbranding of "Ward's antiseptic tooth paste, 
and Misbranding of Dr. Ward's Celebrated liniment, Ward's 
roup and white diarrhoea remedy, Ward's medicated poultry 
tonic, Ward's stock tonic, Ward's pills, Ward's kidney and 
bladder medicine, and "Ward's pain reliever. IT. S. v. Dr. "Ward's 
Medical Co. Flea of nolo contendere. Fine $240. ( F. & D. No. 
27442. I. S. Nos. 625, 692, 11664. 11669, 24557, 24558, 24559, 24560, 24561, 
24564, 24565, 24566, 24567, 24568, 24978, 24979, 24980, 24981, 24982. 
25159.)
This .action was based on interstate shipments of various drug preparations 
recommended for man and- animals. Analyses showed that the articles con. 
tained no ingredients or combinations of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. The so-called 
antiseptic tooth paste was not antiseptic; the Ward's medicated poultry tonic 
contained sodium sulphate, which was not named on the label with the other* 
declared ingredients.
On June 21, 1932, the United States attorney for the District of Minnesota, 
acting upon a report by the / Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid an information against 
Dr. Ward's Medical Co., a corporation, Winona, Minn., alleging shipment by 
said company in violation of the food and drugs act, as amended, of quantities 
of the said drug preparations which were misbranded, and of a quantity of 
Ward's antiseptic tooth paste which was adulterated and misbranded. The 
violations charged in the information embraced quantities of Dr. Ward's Cele- 
brated liniment shipped between the dates of April "7 and October 9, 1930, from 
the State of Minnesota into the State of California; quantities of Ward's 
roup and white diarrhoea remedy, Ward's> medicated poultry tonic, Ward's 
stock tonic, Ward's pills, and Ward's kidney and bladder medicine, shipped on 
or about March 14, 1931, from the State of Minnesota into the State of Michi- 
gan ; and quantities of Ward's roup and white, diarrhoea remedy,* Ward's pills, 
Ward's antiseptic tooth paste, Ward's kidney and bladder medicine, and Ward's 
pain reliever, shipped between the dates of December 25, 1930, and March 31, 
1931, from the State of Minnesota into the State of Iowa. -
Analyses by this department of samples of the various preparations showed 
that Ward's liniment consisted essentially of volatile oils including sassafras 
oil and camphor, a pungent principle, soap, alcohol, and water colored with a 
red dye; that the roup and white diarrhoea remedy consisted essentially of 
potassium permanganate (20 per cent), copper sulphate (40 per cent), and 
boric acid (40 per cent) ; that the medicated poultry tonic consisted essentially 
of ground plant material including red pepper, ground clam shells, sulphur, 
charcoal, sodium sulphate, and a small proportion of iron sulphate; that the 
stock tonic consisted essentially of sodium chloride, sulphur, sodium sulphate, 
iron sulphate, a small proportion of sodium bicarbonate, charcoal, and ground 
plant material including fenugreek and red pepper; that Ward's pills con- 
sisted essentially of extracts of plant drugs such as uva ursi and buchu, 
juniper oil, methylene blue, and potassium nitrate; that the kidney 'arid 
bladder medicine consisted essentially of sodium phosphate, sodium acetate', 
small proportions of sodium benzoate, uva ursi, and a laxative plant drug, and 
glycerin and water, flavored with vanillin and coumarin; that the pain reliever 
consisted essentially of small proportions of essential oils including sassafras 
oil and camphor, a pungent principle, soap, alcohol, and water; that the anti- 
septic tooth paste consisted essentially of calcium carbonate (29 per cent),, 
talc (9 per cent), glycerin (20 per cent), and water, flavored with peppermint 
oil and sweetened with glycerin. Bacteriological examination of the tooth 
paste showed that the article failed to kill a resistant strain of Staphylococcus 
aureus in fifteen minutes at body temperature; the article was, therefore, not 
antiseptic.
It was alleged in the information that the said Ward's antiseptic tooth 
paste was adulterated in that its strength and purity fell below the professed 
standard and quality under which it was sold, and in that it was represented 
to be antiseptic, whereas it was not antiseptic.
Misbranding of the said tooth paste was alleged for the reason that the 
statement " antiseptic" borne on the tubes and cartons was false and mis- 
leading, since the article was not antiseptic. Misbranding was alleged with 
respect to the Ward's medicated poultry tonic for the reason that the state- 
ment, " This preparation contains the following ingredients: Gentian, Capsi- 
cum, Blood Flour, Clam Shells, Ginger, Sulphur, Shorts and Charcoal, care- 
fully blended," was false and misleading, since the said statement represented 
that the article consisted wholly of the said named ingredients, whereas it 
consisted in part of sodium sulphate. Misbranding was alleged with respect 
to Ward's antiseptic tooth paste for the reason that certain statements, de- 
signs, and devices appearing on the tubes and cartons falsely and fraudulently 
represented that the article was effective to harden the gums and counteract 
the causes of decay, whereas it was not. Misbranding was alleged with 
respect to the Ward's medicated poultry tonic for the reason that certain 
statements, designs, and devices appearing on the carton label, falsely and 
fraudulently represented that the article was effective to produce strong, 
healthy poultry and to increase the production of eggs and effective as a 
preventive and cure of diseases in chickens, ducks, turkeys, geese, and all 
other kinds of poultry; and effective to purify the blood, regulate the liver 
and digestive organs; and effective to make fowls strong and active and 
effective to make hens lay in cold weather, and effective to promote the 
growth of young chicks and to fatten chickens, whereas it would not be effec- 
tive for the said purposes. Misbranding of Dr. Ward's Celebrated liniment 
was alleged for the reason that certain statements, designs, and devices ap- 
pearing on the labels of the bottles and cartons and in an accompanying cir- 
cular falsely and fraudulently represented that it would be effective as an 
antidote for alkali water; effective to relieve thirst; effective as a treatment 
for all troubles emanating from changing and drinking bad water; effective as 
a treatment for troubles caused by eating unripe fruit and for all poisons 
emanating from decay and putrefaction; effective as a treatment, remedy, and 
cure for cholera morbus, diarrhoea, dysentery, ordinary colic, chills and ague, 
ordinary sore throat, swellings, chillblains, muscular rheumatism, sweeny, and 
colic, and as a treatment, remedy, and cure for aches, cholera morbus, diar- 
rhoea, chronic inflammation of the stomach, ordinary colic, ordinary coughs, 
cramps, ordinary sore throat, dysentery, earache, piles, and rheumatic pains; 
effective as a treatment, remedy, and cure for colic, coughs and colds, scour, 
swollen joints or muscles, and sweeny in horses; and effective as a treatment, 
remedy, and cure for scour and bloat in cattle,  whereas it would not be
effective for the said purposes.   Misbranding was alleged with respect to the 
Ward's roup and white diarrhoea remedy for the reason that certain state- 
ments, designs, and devices appearing on the box label falsely and fraudulently 
represented that it would be effective as a treatment, remedy, and cure for 
roup, white diarrhoea, and cholera, whereas it was not.   Misbranding was 
alleged with respect to the Ward's stock tonic for the reason that certain 
statements, designs, and devices appearing on the carton label and leaflet 
falsely and fraudulently represented that it would be effective to strengthen 
and regulate the bowels, stomach, kidneys, and liver, aid digestion and assim- 
ilation, tone the system and prevent ordinary ailments in cattle, horses, hogs, 
and sheep; and effective to produce rapid growth, cleanse the system, and 
build up weak and overworked animals; effective as a treatment, remedy, and 
cure for epizootic, liver troubles, distemper, hide bound, roughness of hair, 
loss of appetite and impurity of blood in horses; effective to increase the quan- 
tity and quality of milk, tone the system and prevent disease in cows; effec- 
tive to fatten cattle; effective to develop rapid growth in hogs; effective to 
strengthen suckling sows and to raise strong and healthy pigs; effective to 
prevent the ordinary ailments and to insure rapid growth in pigs; effective 
to fatten hogs and as a treatment, remedy, and cure for coughs; effective to 
keep stock in good healthy condition; effective to increase flesh and wool in 
sheep;  and effective to prevent disease and insure rapid growth in pigs; 
whereas it would not be effective for the said purposes.   Misbranding was 
alleged with respect to Ward's kidney and bladder medicine for the reason 
that certain statements, designs, and devices appearing on the bottle labels 
and in an accompanying circular falsely and fraudulently represented that it 
would be effective as a treatment, remedy, and cure for inflammation of the 
kidneys and bladder, backache, rheumatism due to kidney disorders and vari- 
ous urinary irregularities;  and effective as a treatment, remedy, and cure 
for kidney, bladder, and urinary disorders; whereas it would not be effective 
for the said purposes.   Misbranding of Dr. Ward's pills was alleged for the 
reason that certain statements, designs, and devices appearing in an accom- 
panying circular falsely and fraudulently represented that it would be effective 
as a treatment, remedy, and cure for backache, kidney complaints, and dis- 
eases arising from disorders of the kidneys and bladder; effective as a quick 
relief for backache, bladder irritation, congestion of the kidneys, lame back, 
diabetes, gravel, lumbago, nonretention of urine, and other urinary troubles; 
and effective as a treatment, remedy, and cure for prostatic troubles; effective 
to restore a healthy condition to the kidneys and produce pure blood; and 
effective as a treatment, remedy, and cure for rheumatism, gouty conditions, 
lumbago, and pain in the back; whereas it would not be effective for the said 
purposes.   Misbranding was alleged with respect to Ward's pain reliever for 
the reason that certain  statements,  designs,  and  devices appearing on  the 
bottle labels falsely and fraudulently represented that it would be effective, 
when used externally or internally, as a pain reliever; effective as a treat- 
ment, remedy, and cure for la grippe, headache, sore throat, mumps, cholera 
morbus, diarrhoea, colic or cramping, catarrh, neuralgia, rheumatism, spinal 
affection, fruited limbs, and sprains; whereas it would not be effective for the 
said purposes.
On June 21, 1932, a plea of nolo contendere to the information was entered 
on behalf of the defendant company, and the court imposed a fine of $240.
ARTHUR M. HTHB, Secretary of Agriculture.