21183. Misbranding of   Grimes'   Ointment.     IT.   S.   v.   59   Tubes,   et   al.,   of
Grimes' Ointment. Default decrees of destruction. (E. & D. nos. 
30407, 30423.    Sample nos. 35945-A, 36154-A.)
Examination of the drug preparation Grimes' Ointment disclosed that it 
contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. Tests also 
showed that the article was not an antiseptic, as claimed. The article con- 
tained an opium derivative which was not properly declared, since the reference 
to the presence of laudanum made on the back panels of the tube and jar and 
the tube and jar cartons, did not bear a declaration that laudanum is an opium 
derivative.
On May 6 and May 9, 1933, the United States attorney for the District of 
Utah, acting upon reports by the Secretary of Agriculture, filed in the district 
court libels praying seizure and condemnation of 74 tubes and 32 jars of 
Grimes' Ointment at Salt Lake City, Utah, alleging that the article had been 
shipped in interstate commerce, in part by the Grimes Ointment Co., on or about 
November 1, 1932, and March 15, 1933, and in part by Ellen Garey, on or about 
April 13, 1933, both shipments having been made from Los Angeles, Calif., 
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 
consisted essentially of volatile oils including camphor, reducing sugars such
as honey, glycerin, rosin, and opium extract incorporated in an ointment base 
such as petrolatum and tallow.   Bacteriological tests showed that it was not I 
antiseptic.
It was alleged in the libels that the article was misbranded in that the 
statement in the circular, "An Antiseptic", was false and misleading. Mis- 
branding was alleged for the further reason that the package failed to bear a 
plain statement on the label of the quantity or proportion of opium contained 
in the article, since the reference to the presence of laudanum on the back 
panels of the tube and jar labels and on the tube and jar cartons did not 
carry the declaration that laudanum is an opium preparation. Misbranding 
was alleged for the further reason that the following statements regarding the 
curative or therapeutic effects of the article, appearing in the labeling, were 
false and fraudulent: (Jar label and jar carton label) "Healing * * * 
Blood Poison Remedy * * * to be used in the treatment of local infection, 
Piles, Boils, Ulcers, * * * and Skin Diseases"; (tube, label) "Heal- 
ing * * * Blood Poison Remedy * * * A Healing and Reliable Remedy 
for Piles, Local Infection, * * * Etc. * * * Directions * * * in case of 
protruding or Hemroids Piles, * * * These directions are for itching, bleed- 
ing  or Hemroids.   For  infection   *    *    *   etc.";   (tube,   carton)    "Healing
* * * Blood Poison Remedy * * * to be used in the treatment of local 
infection. Piles, Boils, Ulcers, * * * and Skin Diseases. * * * It 
cures"; (circular, for tube and jar) "Healing * * * The ointment is to be 
used in and for treatment of the following so-called diseases, local infection,
* *    *    skin diseases of various kinds, old sores, abscesses, erysipelas, itch,
* * * piles, and many other troubles of all kinds and character which may not 
be mentioned here. * * * heals * * * its curative power is indeed far- 
reaching, rapid and results in permanent healing, destroying the disease 
germs. * * * Testimonials ' For years I suffered from a sore leg. The 
Doctors advised me to have an operation. I heard of your Ointment and was 
advised to try it. It opened up .the sore, and a 5-pointed rock came out of it. 
My leg is now well.' * * * ' My daughter received a severe burn; * * * 
the burn developed decidedly worse. A friend advised me to get some of your 
Grimes E. G. Ointment. Two jars healed the burn.' * * * ' My daughter, 
was born with a birth-mark, over her eye. The Doctors wanted to operate; ( 
after the operation it would not heal. They Wanted to remove her eye. A 
friend asked me to try your Ointment. One jar and a half healed the 
sore.' * * * ' Both myself and Sister had bunions on our feet, * * * 
I secured a jar of your wonder Ointment.   It cured both our bunions.'    *    *    *
' I have used your ointment with splendid results, and can recommend it to 
anyone suffering from * * * or any skin diseases.' * * * ' I was suffer- 
ing from a sore leg. For months nothing seemed to help it. I purchased a 
jar from you and in less than a week my leg was healed.' * * * ' While 
placing a purple ribbon on my typewriter I thoughtlessly rubbed my eye; in 
three days I had an infection in it. In 14 days my Dr. advised removing the 
eye. Heard of your Grimes Ointment; secured a jar, which healed my 
trouble.' * * * ' I am 75 years old. Was suffering from erysipelas around 
my face and head; doctor gave up hopes of my recovery. My son came and 
brought some of your ointment, which healed me.' * * * ' My three children 
had eczema. Your E. G. Ointment healed them. It has been 5 years, and no 
sign of it has returned. I am recommending it for skin diseases.' ' * * * 
my foot and leg were discolored and badly swollen. I was advised to try 
your Grimes E. G. Ointment, in 3 days the pain was gone and my leg and foot 
were normal.' * * * ' I contracted blood poison in my hand. * * * 
finally gangrene set in. * * * I decided to give your Ointment a trial. 
After 4 days my hand was healed, with exception of a little stiffness.' * * * 
' I was suffering from a cancerous growth on my face * * * I secured 
and used 1 jar of your valuable remedy, which cured me. It is months, and I 
have had no trouble since—no sign of it returning.' * * * ' My daughter 
froze her feet, developed blood-poison, and suffered for months. * * * 
heard of your great Remedy and secured 6 jars. She began to get relief almost 
immediately. She is well.' ' * * * ill with flu; our oldest daughter died 
before we received and used your Ointment; the other three recovered rapidly, 
thanks to you and your great Remedy.' * * * ' I was suffering from a lump 
in my breast. For years it increased in size. I could not raise my arm. Could 
get no relief. My doctor advised an operation. Your Grimes' Ointment was! 
recommended to me.   After using one  jar the pain left  entirely.1    *    *    *
' I had a tumor on my breast for 36 years: I used a jar of your Ointment; 
I am healed; the tumor is gone. Your Ointment is wonderful.' * * * ' 1 
had bleeding-piles for 25 years; * * * was advised to use your Grimes 
3. G. Ointment; improved very soon ; am well.' * * * Directions for General 
Use: For Local Blood Poison, Boils, Ulcers, Erysipelas, Old Sores, * * * 
etc.    *    *    *    For    *    *    *    Eczema,  Salt Rheum,    *   *    *  Bunyons,  etc.;
* * * In cases of severe burns, * * * etc. * * * In cases where the 
infection or ulcer is deep, * * * For Piles, * * * For Lumbago, 
Pleurisy, Rheumatism in Joints, Flu, Bronchitis, Growths, Swellings, etc., open 
pores, where parts are affected with hot packs; dry, and rub Ointment in well; 
repeat treatment every four or five hours. * * * healing * * * [Testi- 
monials] ' I had gangrene developed from sugar diabetes. Your Ointment healed 
my trouble. That was 5 years ago, and I have had no trouble since.' * * * 
' I had blood poisoning in my arm which developed into a pronounced case. I 
sent for two jars of your ointment and soon became quite well. I have used 
it  for    *    *    *    lumbago,   and   I   highly  recommend  it  for  those  troubles.'
* * * ' Having a bad case of Blood Poison in my foot, the Dis. insisted 
on operating. I insisted on them using your great Ointment. I recovered very 
rapidly, and it left no scar.' * * * ' I suffered for many years with piles. 
After using your wonder Ointment, 1 jar perfected a remedy. It is years now, 
with no return of the trouble.' ' * * * had a boil on my breast. It pained 
and throbbed, I could not sleep. * * * a friend asked me to try your 
E. G. Ointment. I had relief in less than an hour. A Friend had some kind 
of itching skin disease on the palms of her hands. It healed her and she has 
had no trouble since.' * * * ' I suffered for 6 months with ulcers on my ankles. 
First application gave relief.' * * * ' Your Grimes E. G. Ointment * * * 
I have used it in local infection and many other local diseases; * * * ' 
'My trouble was T. B. of the throat and bronchial tubes. Doctor advised 
when germ had eaten into large vein extending down the back of my throat, 
a hemorrage would follow. I coughed my palate out the day before I began 
to use your Grimes Ointment and my throat has now been well 8 years.' * * * 
' My husband suffered from pyorrhea; I used your Ointment * * * which 
relieved the trouble. Have used it on our small daughter, who had bronchial 
trouble. It stopped her cough.' ' * * * your Grimes Ointment; * * * 
The relief from pain is so quick! * * * the man had suffered so much 
pain that it required large doses of morphine. I filled the pus cavity with the 
Grimes paste and at 8 o'clock he went to sleep and slept all night without 
waking. He continued to improve and was soon well.' ' * * * subject to 
local infection quite frequently. * * * it heals local blood poison at once. 
It  also  heals  many  other  troubles.'    ' *    *    *   healed  the  sore  quickly.'"
On June 24 and July 29, 1933, no claimant having appeared for the property, 
judgments were entered finding the product misbranded and ordering that it 
be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.