24062. Misbranding of   Miller's   Rosy.    V.   S.   v.   96   Package*   of   Miller's
Rosy.    Decree   of   condemnation   and   destruction.     (F.   &.   D.   no.
33030.    Sample no. 66557-A.)
This case involved an interstate shipment of a drug preparation that was mis- 
branded because of unwarranted curative and therapeutic claims appearing on 
the cartons and in the circulars shipped with the article. The article was further 
misbranded since the alcohol present was not declared on the carton, and the 
declaration on the bottle label was inconspicuous.
On July 2, 1934, the United States attorney for the Western District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 96 packages of 
Miller's Rosy at Alexandria, La., alleging that the article had been shipped 
in interstate commerce on or about May 14 and May 23, 1934, by John Miller, 
from Mobile, Ala., and charging misbranding in violation of the Food and Drugs 
Act as amended.
Analysis showed that the article consisted essentially of salicylic acid, olive oil, 
a volatile oil such as juniper oil, alcohol (33.4 percent), and water.
The article was alleged to be misbranded in that the following statements 
regarding its curative or therapeutic effects, appearing on the cartons and in an 
accompanying circular, were false and fraudulent: (Carton) "For * * * 
Eczema * * * Ingrowing Nails, * * * Ulcers, Pimples * * * etc. 
For * * * Eczema"; (circular) "Remedy for * * * eczema * * * 
Preparations strong enough to knock out the diseases caused too much soreness, 
and those that did not cause soreness lacked the strength to cure. * * * Since 
the discovery of his preparation Mr. Miller has used it in treating * * * and 
the several forms of Eczema    *   *    *   barber" 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." Misbranding was alleged for the further reason 
that the package failed to bear on the label a statement of the quantity or pro- 
portion of the alcohol contained in the article, since no declaration appeared 
on the carton, and the declaration on the bottle label was inconspicuous.
On January 28,1935, no claimant having appeared, and the court having found 
that the allegations of the libel were true and in accordance with the verdict of 
the jury, judgment was entered ordering that the product be condemned and 
destroyed.
M. L. WILSON, Acting Secretary of Agriculture.