22353. Misbranding of Dr. Livingston's Regenerator, Dr. Livingston's 
Dyspepsine, Search Warrant Liniment, Dr. Livingston's Re-Gem, 
Dr. Livingston's Root and Herb Tea, and Dr. Livingston's Golden 
Catarrh Balm. TJ. S. v. John W. Livingston (The Livingston Medi- 
cine Co., Search "Warrant Liniment Co.). Plea of guilty. Sentence 
suspended and defendant placed on probation for two years. 
(F. & D. nos. 26690, 28079. I. S. nos. 14485, 27109, 27527, 27528, 27532 to 
27536,  incl.)
Examination of the drug preparations on which these cases were based 
showed that they contained no ingredients or combinations of ingredients 
capable of producing certain curative and therapeutic effects claimed in the 
labeling. Among the preparations was a shipment of Dr. Livingston's Regen- 
erator, the labeling of which contained false and misleading claims that the 
article was of vegetable composition, that it conformed to the Food and Drugs 
Act, and that it could be taken freely by young and old without fear of 
injurious effects. Two shipments of Re-Gem, formerly Regenerator, also 
covered by the case, were labeled with false and misleading claims. One of 
the products, Search Warrant Liniment, contained less alcohol than declared 
on the label.
On November 25, 1933, the United States attorney for the Northern District 
of Georgia, acting upon reports by the Secretary of Agriculture, filed in the 
district court two informations against John W. Livingston, trading as the 
Livingston Medicine Co., and the Search Warrant Liniment Co., Atlanta, Ga., 
alleging shipment by said defendant, in violation of the Food and Drugs Act as 
amended, between the dates of December 23, 1930 and February 28, 1931, from 
the State of Georgia into the State of Florida, of quantities of Dr. Livingston's 
Regenerator, Search Warrant Liniment, Dr. Livingston's Re-Gem, Dr. Livings- 
ton's Root & Herb Tea, Dr. Livingston's Dyspepsine, and Dr. Livingston's Golden 
Catarrh Balm, and on or about December 31, 1930, from the State of Georgia 
into the State of Texas, of a quantity of Dr. Livingston's Dyspepsine, which 
products were misbranded.
Analyses of samples of the articles by this Department showed that Dr. Liv- 
ingston's Regenerator consisted essentially of a brown liquid containing mag- 
nesium sulphate, flavoring oils, water, plant extractives including emodin, and 
not more than 11.9 percent of alcohol by volume; that the Dr. Livingston's 
Re-Gem consisted essentially of a brown solution containing Epsom salt, water, 
plant extractives including emodin, a small amount of alkaloid, and approxi- 
mately 11 percent of alcohol by volume; that the Search Warrant Liniment 
consisted essentially of a dark liquid containing oleoresin, capsicum, camphor, 
small amounts of other volatile oils, ammonia, water, and not more than 47.5 
percent of alcohol by volume; that one shipment of the Dr. Livingston's Dys- 
pepsia consisted essentially of a brown powder containing apparently calcium 
and magnesium carbonates, sodium bicarbonate, plant extractive matter, an 
emodin-bearing drug, starch, and a small amount of phosphate; that the second 
shipment of Dr. Livingston's Dyspepsine consisted essentially of powdered 
rhubarb, sodium bicarbonate, and magnesium oxide, flavored with methyl sali- 
cylate; that the Dr. Livingston's Golden Catarrh Balm consisted essentially of 
volatile drugs including phenol, camphor, menthol, and eucalyptol, incorpo- 
rated in a mixture of petrolatum and paraffin; that the Dr. Livingston's Root 
and Herb Tea consisted essentially of ground plant drugs including uva ursi, 
senna, frangula, coriander, fennel, mullein, and guaiac.
It was alleged in the information that the Regenerator was misbranded in 
that the statements, " Guaranteed to conform with all Pure Food Laws", 
" Purely Vegetable", " Composed of Roots, Herbs, Barks and Flowers ", borne 
on the carton, and the statements, " Guaranteed to conform with all Pure Food 
Laws ", " Purely Vegetable ", and " Can be taken freely by young and old with- 
out fear of injurious effects ", borne on the bottle label, were false and mis- 
leading, since the article did not conform to the Food and Drugs Act of 1906, 
or with the amendment of August 23, 1912; it was not purely vegetable; was 
not composed wholly of herbs, roots, barks, and flowers; and could not be taken 
freely by young, and old without fear of injurious effects. The information fur- 
ther alleged that the statements, " Guaranteed to conform with all Pure Food 
Laws ", " Purely Vegetable ", " Composed of Roots, Herbs, Barks and Flowers ", 
and "A Strictly vegetable compound ", borne on the carton or bottle labels of 
one lot of Re-Gem, and the statement, "A Strictly Vegetable Compound ", borne 
on the carton of the remaining lot of Re-Gem, were false and misleading.
Misbranding of the two lots of Search Warrant Liniment was alleged for the 
reason that the statements, "Alcoholic Content 70% ", and "Alcoholic Contents 
70% " borne on the bottle labels, were false and misleading, since the article 
contained less than 70 percent of alcohol, the two samples examined containing 
not more than 47.0 percent, and 47.5 percent, respectively, of alcohol; and for 
the further reason that the article contained alcohol and the label failed to 
bear a statement of the quantity or proportion of alcohol contained therein.
Misbranding was alleged with respect to all products for the reason that 
certain statements, designs, and devices, regarding the curative and therapeutic 
effects of the articles, borne on the labels, were false and fraudulent in the 
following respects: The bottle labels, cartons, and circulars shipped with the 
Regenerator and Re-Gem falsely and fraudulently represented that the articles 
were effective as a Regenerator; effective as a tonic and blood purifier; effec- 
tive to purify the blood and bring an end to rheumatism and to drive impuri- 
ties from the system; effective as a substitute for stimulants and to bring vim 
and life to the body; effective to repair waste tissues and to build up the 
system; effective as a treatment for liver complaints, biliousness, weakness 
from overwork and other causes; effective to strengthen nerves, restore health 
and to regulate the liver; effective as a treatment, remedy, and cure for the 
nerves and general debility, weak kidneys, lame back, liver complaint; effec-
tive as a treatment, remedy, and cure for rheumatism and all impurities of the 
blood of long standing; effective as tonic and strength builder; effective as a { 
treatment for troubles peculiar to women; effective as a treatment for nursing 
mothers; effective as a liver and kidney medicine; effective to restore the fresh- 
ness and brilliancy of youth and to paint the bloom of a rose on the face and 
to bring new health and life to the body and to cause a purified and enriched 
supply of blood; effective to banish spots and eruptions; effective to cause 
sallowness to disappear and restore the long lost look of youth; effective to 
retard old age; effective as a treatment, remedy, and cure for kidney and 
bladder trouble and all diseases arising from impure blood; effective as a 
treatment, remedy, and cure for uric acid poison, gravel, inflammation of the 
bladder, dropsy or swelling of the feet and limbs, loss of flesh, liver complaint, 
malaria, biliousness, grippe and female weakness; effective to strengthen and 
tone up the system, obviate the effect of debility and restore the blood to a 
healthy condition; effective to stimulate and create healthy action throughout 
the system ; effective to stimulate the activity of the cells and tissues of the vital 
organs, and to give vitality and efficiency to guard against disease by eliminat- 
ing waste through the liver and kidneys; effective as a vegetable medicinal 
agent to supply the necessary sustenance to the system; effective to promote 
the growth, development, and reproduction of bone and muscle tissues, and to 
keep these tissues in a healthy condition and to promote the general welfare 
of the body; effective as a health regenerator and to give vigorous health, 
strong vitality, restored appetite,  restful nights,  clear  complexion,  regained 
strength, rounded physical form, pep and vim, and supply the necessary nour- 
ishment to the blood; effective to throw off accumulated poisons, impurities, 
and waste and to cause a healthy condition throughout the system; effective 
as a treatment, remedy, and cure for Brights disease, kidney colic, and dropsy; 
effective as a treatment for boils, abscesses, eczema, skin diseases, and malaria; 
effective to enrich, purify, and build up strong, healthy blood; effective as a 
treatment, remedy, and cure for disease; effective as a treatment, remedy, and 
cure for headache, sour stomach, constipation, and lack of energy; effective 
to assist nature in restoring the liver to normal condition and to check future 
liver troubles; effective as a treatment for the nerves;  and effective as a 
treatment, remedy, and cure for physical fatigue, insomnia, nervousness and 
many other contrary ills; effective as a valuable treatment for female troubles; 
effective to soothe and strengthen the entire system and to relieve tired dis- 
tressed feeling and bring new hope and health to afflicted women; effective to 
soothe and feed the delicate tissues, purify the blood, and restore a healthy 
vigorous condition where disease has existed; and effective as a treatment for 
shooting pains and sore joints; effective as a treatment for stagnant liver, 
pimples, boils, ulcers and skin blemishes, tired feeling, wakeful nights, lack 
of energy and pep; effective as a treatment for indigestion and the after-effects 
of 'flu'; effective to correct a multitude of unsuspected ills; effective as a relief 
for high blood pressure, nervous breakdown, sleeplessness, staggering spells, 
bilious headache, loss of appetite, dizziness and sluggish liver; effective to re- 
generate the entire system and to nourish and feed the tissues and cells that 
constitute the human body and to drive impurities from the body and to give 
the life stream new strength and vitality to combat disease; effective to give 
health and happiness; effective to give pep, energy, vitality, and all the life that 
well and normal people have;  effective as a  treatment for influenza;  and 
effective as a treatment for nervous indigestion.
The bottle labels and cartons of the Dyspepsine falsely and fraudulently 
represented that the article was effective as a treatment, remedy, and cure for 
acute indigestion; effective as a speedy and permanent relief for indigestion, 
dyspepsia, and colic; and effective as a treatment for heart trouble.
The bottle labels, cartons, and circulars of the Search Warrant Liniment 
falsely and fraudulently represented that the article was effective as a treat- 
ment, remedy, and cure for all pain; effective as a relief of pain; and effective 
as a treatment, remedy, and cure for aches of all kinds not the direct result 
of some internal disease; effective as a treatment, remedy, and cure for aches 
of all kinds not the direct result of some internal disease; effective as a treat- 
ment, remedy, and cure for all forms of backache not resulting from kidney or 
other organic diseases; effective as a treatment, remedy, and cure for lumbago, 
sciatica, and rheumatism not resulting from organic diseases; effective as a 
treatment, remedy, and cure for stiff joints, neuralgia, toothache, chilblains, 
sore and tender feet, bronchitis, asthma, pleurisy, and neuritis.
The box label of the Root and Herb Tea falsely and fraudulently represented 
that the article was effective to repair waste tissue, build up the system and 
purify the blood; effective as a relief for sleeplessness and weakness resulting 
from overwork and other causes; effective to restore health and strengthen 
the nerves; effective as a great blood purifier and as a remedy for nervous and 
general debility, weak kidneys, lame back, liver complaint, constipation, rheuma- 
tism and gout, and for all impurities of the blood of long standing; effective 
as a treatment for the complexion; effective to restore the freshness and 
brilliancy of youth, and to paint the bloom of a rose in the face which health 
alone will bring.
The jar labels of the Catarrh Balm falsely and fraudulently represented 
that the article was effective as a catarrh balm; effective as a great healing 
salve; effective as a relief for catarrh, hay fever, deafness, and all catarrhal 
diseases; effective as a cure for catarrh; effective as a remedy for piles and 
sores; and effective to remove all pimples.
On March 14, 1934, the two informations having been consolidated, the de- 
fendant was arraigned and entered a plea of guilty. On May 26, 1934, the 
¦court ordered that sentence be suspended and that the defendant be placed 
on probation for a period of 2 years.
M. L. WILSON, Acting Secretary of Agriculture.