20171. Misbranding of Brander's No. 7. U.S. v. 25 Cases, et al., of 
Brander's No. 7. Default decrees of condemnation, forfeiture, 
and destruction.     (F. & D. Nos. 28809, 28810.    Sample No. 14342-A.)
Examination of the drug product involved in these cases disclosed that the 
article contained no ingredient or combination of ingredients capable of pro- 
ducing certain curative and therapeutic effects claimed in the circular accom- 
panying the article. The labeling also represented that the article was anti- 
septic, whereas bacteriological tests showed that it was not antiseptic when 
used as directed.
On or about August 29, 1932, the United States attorney for the District of 
Maryland, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid libels praying 
seizure and condemnation of 23 cases and 21 packages of Brander's No. 7, re- 
maining in the original unbroken packages at Baltimore, Md., alleging that the 
article had been shipped in interstate commerce on or about July 11, 1932, by 
the Haley M-O Co., Inc., from Geneva, N.Y., to Baltimore, Md., 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 small proportions of soap, phenols, glycerin, and water 
(99 percent). Bacteriological examination showed that the product was not 
antiseptic when diluted with an equal volume of water.
It was alleged in .the libels that the article was misbranded in that the 
following statements appearing in the labeling were false and misleading, 
since the product was not antiseptic or bactericidal when used as directed in 
the portions of the labeling quoted: (Carton) "Bactericidal (Destroying€erms)
* *   *   seven  uses   *    *    *   7.    Reliable  and  safe  in   feminine  hygiene.
* * * non-alcoholic antiseptic * * * effective for feminine hygiene"; 
(bottle label) " Bactericidal (Destroying Germs) * * * Promotes fem- 
inine hygiene and has a beneficent effect on delicate membranes and tissues.
* * * Feminine Hygiene Two or three tablespoons of Brander's No. 7 
to a quart of water as a vaginal douche several times daily as necessary. It 
is always advisable to consult a qualified physician in regard to abnormal 
discharge" ;(circular) "Mouth Wash and Deodorant—The mouth is a breeding 
place and an excellent harbor for germs. Some are breathed in, some are in 
the food, some are on eating utensils. These bacteria multiply rapidly in the 
decomposing food particles which cling to the teeth. By the regular use of 
Brander's No. 7 as a cleansing agent most of these organisms are destroyed 
and the proper mouth hygiene established. Brander's No. 7 * * * diluted 
with water to half strength, should be used three or four times daily as a 
cleansing mouth wash, * * * Thereby not only the bacteria are removed 
but also the food particles which are breeding places of the germs. * * * 
Brander's No. 7 For Feminine Hygiene * * * The following are the re- 
quirements for the hygienic douche—7. Dependable antiseptic and bactericidal 
potency. * * * Brander's No. 7 provides a * * * douche with antiseptic 
effect * * * In addition to its own antiseptic * * * Directions Two 
or three tablespoons to the quart of water as a vaginal douche." Misbranding 
was alleged for the further reason that the following statements regarding the 
curative or therapeutic effects of the articles, appearing in the circular, were 
false and fraudulent: (Circular) "There are conditions of excessive or per- 
verted secretion or discharge for which many find it necessary and advisable 
to employ the vaginal douche. * * * Leukorrhea ('The Whites')—By the 
use of Brander's No. 7 prompt relief can be obtained when surgical or system- 
atic treatment is not indicated. Brander's No. 7 is effective not only for the 
whitish discharge of Leukorrhea but for the ropy, slimy discharge associated
with infection of the mouth of the womb or uterus. In Non Specific Vaginitis— 
Brander's No. 7 is of great value. In addit.ou to its own antiseptic and cleans- 
ing action, it causes relaxation of the vaginal mucus membrane and the folds 
of the vagina are more easily cleaned. It aids in breaking down and destroy- 
ing pus and the hidden pockets where the pus originates. * * * Two or 
three tablespoons to the quart of water as a vaginal douche several times 
daily if necessary, in those cases of excessive discharge."
On October 1, 1932, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.