25045. Misbranding of Walter's Radiant Hair Rejuvenator.    U. S. v. 22 Cartons
of Walter's Radiant Hair Rejuvenator.    Default decree of condemna- 
tion and destruction.     (F. & D. no. 35549.    Sample no. 32311-B.)
This case involved a drug preparation the labeling of which contained un- 
warranted curative and therapeutic claims. The labeling was further objec- 
tionable since the article contained undeclared alcohol and it was labeled as 
being a harmless preparation for the restoration of the natural color of the 
hair; whereas it was not a harmless preparation and would not restore the 
natural color of the hair.
On May 2S, 1935, the United States attorney for the Southern District of 
Iowa, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 22 cartons of Walter's 
Radiant Hair Rejuvenator at Des Moines, Iowa, alleging that the article had 
been shipped in interstate commerce on or about March 12, 1935, by Walter's 
Products Co., Inc., from St. Paul, Minn., and charging misbranding in violation 
of the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of lead acetate, sul- 
phur, boric acid, quinine, glycerin, alcohol (14.7 percent), water, and perfume.
The article was alleged to be misbranded in that the following statements 
in the circular shipped with the article were false and misleading: "It is 
Absolutely Harmless. To Restore Natural Color—Whether you are a blonde, 
a brunette, or a Titian, all you need to do is to treat your hair regularly 
twice a day with Walter's Radiant Hair Rejuvenator until the desired natural 
color returns, can be used on any color of hair. It is absolutely harmless, 
and not only restores natural color, but also rejuvenates natural growth." Mis- 
branding was alleged for the further reason that the package failed to bear a 
statement on the label of the quantity or proportion of alcohol contained in 
the article. Misbranding was alleged for the further reason that certain 
statements and designs in the labeling falsely and fraudulently represented 
that it was effective as a hair rejuvenator; effective in removing dandruff, 
preventing hair from falling out, promoting the growth of hair and bringing 
it back to a vigorous-looking shade, and restoring natural color to the hair; 
effective in the treatment of itching scalp, and eczema of the scalp; effective 
to make the scalp young, create circulation, and bring back the pigment flow 
into the hair cells and roots; effective to restore natural fullness to thin hair 
and correct the fundamental cause of scalp trouble; effective to reach the 
cause of acne and other skin eruptions; and effective to bring back a more 
youthful appearance.
On July 12, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.