22624. Misbranding of Miller's Rosy.    U. S. v. 66 Bottles of Miller's Rosy.
Default   decree   of   destruction.     (F.   &   D.   no.   32527.    Sample   no. 
61920-A.)
Examination of the drug preparation involved in this case showed that it 
contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. The package 
failed to bear a statement on the label of the quantity or proportion of alcohol 
contained in the article.
On April 12, 1934, the United States attorney for the Southern District of 
Mississippi, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 66 bottles of Miller's 
Rosy at Jackson, Miss., alleging that the article had been shipped in interstate 
commerce, on or about October 2, 1933, by John Miller, from Mobile, Ala., 
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 salicylic acid, olive oil, a volatile oil such as juniper oil, 
alcohol (39.8 percent by volume), and water.
It was alleged in the libel that the article was misbranded in that its pack- 
age failed to bear on the label a statement of the quantity or proportion of 
alcohol contained therein, since no declaration appeared on the carton, and the 
declaration on the bottle label, "Contains 35 Alcohol", was incorrect and 
inconspicuous.
Misbranding was alleged for the further reason that the following state- 
ments appearing in the labeling, regarding the curative or therapeutic effects 
of the article, were false and fraudulent: (Carton) "For * * * Eczema 
* * * Ingrowing Nails, * * * Ulcers, Pimples, * * * For * * * 
Eczema"; (circular) "Remedy for * * * eczema * * * Preparations 
strong enough to knock out the disease caused too much soreness and those 
that did not cause soreness lacked the strength to cure. In 1904, Mr. Miller, 
tired of waiting for some one to supply a remedy that would have the desired 
effect, began experimenting in hope of making one of his own. Knowing it 
would be difficult to succeed where so many others had failed, he began with 
intention to carry on as long as might be necessary. It was well he did so, as 
the endeavor grew into a series of almost countless trials, and while reward
came in the end, its cost in time alone was sixteen years t   Since the discovery 
of his preparation, Mr. Miller has used it in treating   *   *   *   and the sew i 
ural   forms   of   Eczema   *   *   *   barber's   itch   *   *   *   ingrowing   nails
* * * ulcers, itching piles, pimples * * * etc. Although not meant to be 
a cure-all, or to relieve other than diseases of the skin, Mr. Miller's remedy 
is excellent for piles, for Inflammation of the glands * * * As a remedy 
for toothache it has no equal. It lessens the discomfort of pyorrhea. * * * 
used   for   nearly   everything   external.     Directions   For   *   *   *   Eczema
* * * eruptions, pimples, boils * * * inflammation of glands, paint af- 
fected part night and morning. * * * For * * * ulcers, piles, paint 
twice daily. * * * For toothache, put cotton saturated with remedy in cav- 
ity, then paint gum every five minutes. For ingrowing nails * * * paint 
every five minutes for one hour, night and morning."
On May 11, 1934, no claimant having appeared for the property, judgment 
was entered ordering that the product be destroyed by the United States 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.