24529. Misbranding of Palmer's Lotion and Palmer's Lotion Soap. U. S. 
v. 117 Small Bottles of Palmer's Lotion, et al. Default decrees 
of condemnation and destruction. (F. & D. nos. 31943, 32035, 33306, 
33307.     Sample nos. 47412-A, 68170-A,  112-B, 113-B,  114-B.)
These cases involved shipments of Palmer's Lotion and a shipment of Palmer's 
Lotion Soap, the labeling of which bore unwarranted curative and therapeutic 
claims. The label of the soap was further objectionable since it bore the false 
and misleading claim that it contained Palmer's Lotion, analysis having shown 
that it contained no mercuric chloride, the essential ingredient of Palmer's 
Lotion.
On February 8 and March 13, 1934, the United States attorneys for the North- 
ern District of California and the District of Vermont, respectively, acting upon 
reports by the Secretary of Agriculture, filed in the district court libels praying 
seizure and condemnation of 174 bottles of Palmer's Lotion at San Francisco, 
Calif., and 39 bottles of Palmer's Lotion at Burlington, Vt., alleging that the 
article had been shipped in interstate commerce by Solon Palmer from New 
York, N. Y., the former on or about October 7, 1933, and the latter on or about 
January 5, 1934. On August 30, 1934, the United States attorney for the Dis- 
trict of Colorado filed a libel against 157 bottles of Palmer's Lotion and 138 
boxes of Palmer's Lotion Soap at Denver, Colo., which had been shipped in 
interstate commerce, in part on or about July 25, 1933, and in part on or about 
March 12, 1934, by Solon Palmer, from New York, N. Y. The libels charged 
that the articles were misbranded in violation of the Food and Drugs Act as 
amended.
Analyses showed that the Palmer's Lotion consisted essentially of mercuric 
chloride (0.3 percent), water, and denatured alcohol with a trace of perfume 
material; and that the Palmer's Lotion Soap contained a small proportion of a 
zinc compound and no mercuric chloride.
The libel filed in the Northern District of California charged Misbranding of 
the lotion in that the following statements appearing in the labeling were state- 
ments regarding the curative or therapeutic effects of the article and were false 
and fraudulent: (Carton) "For Eczema, Pimples, Scaly & Unsightly Eruptions
* * * Touch a Pimple, * * * With Palmer's Lotion and Forget it"; 
(folder)   "Touch  a  Pimple   *   *   *   With  Palmer's   Lotion   and  forget   it
* * * A Clear, Healthy Skin * * * the most wonderful remedy yet dis- 
covered for unhealthy skin conditions and injuries to the surface of the skin.
* * * purifies the healthy skin and works wonders to the diseased or in- 
jured parts. * * * For Eczema, Pimples and other Skin Eruptions. * * * 
takes the soreness from pimples and quickly aids to restore a smooth and un- 
blemished  skin.   Other  skin eruptions yield  readily  to  its  healing touch.
* *    *   For Inflamed Eyes or Lids   *   *   *   boon for   *    *    *   sore lids.
* *    *   helps to restore to the eyes the sparkling clearness of youth and health,
* * * aid to a dear, healthy skin. If used for pimples and all skin erup- 
tions it helps to remove these unhealthy conditions. * * * helps the skin to 
function normally in throwing off impurities"; (circular) "For Eczema, Pimples
* * * Granulated Eyelids [similar statements in foreign languages]"; (dis- 
play cartons) "Well known Remedy for Eczema, Pimples"; (display carton, 
small size) "For a Clear Healthy Skin. Beautifies by removing Eczema, 
Pimples, Itching. Scaly Eruptions"; (bottle) "For Eczema, Pimples, Scaly & 
Unsightly Eruptions * * * Directions for Eczema, Pimples apply with cot- 
ton, soft doth or hand. * * * Granulated eyelids; close the eyes and bathe 
gently toward the nose." The libels filed in the Districts of Vermont and 
Colorado also charged Misbranding of the lotion in that curative and thera- 
peutic claims in the labeling substantially the same as those quoted above, were 
false and fraudulent.
Misbranding of the Palmer's Lotion Soap was alleged for the reason that the 
statement on the label, "Contains the wonderful Palmer's Lotion", and the state- 
ment in the circular, "It contains * * * ingredients, including the famous 
Palmer's Lotion", were false and misleading. Misbranding of the soap was 
alleged for the further reason that the following statements regarding its cura- 
tive or therapeutic effects were false and fraudulent: (Carton) "Beautifies by 
removing skin blemishes * * * This is a toilet soap of wonderful curative 
properties. It allays every tendency to inflammation, effectually dissipates all 
redness, * * * pimples, spots, blotches, * * * and other unsightly cu- 
taneous visitations, whether on the face or other part of the person" ; (circular) 
"Healing."
On October 30, November 1, 1934, and June 10, 1935, no claimant having 
appeared, judgments of condemnation were entered and it was ordered that the 
products be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.