25140. Misbranding of   Dalley's  Pain   Extractor.     U.   S.  v.  404  Packages   of
Dalley's    Pain    Extractor.    Default    decree    of    condemnation    and 
destruction.    (F. & D. no. 36127.    Sample no. 42455-B.)
This case involved a shipment of a drug preparation the labeling of which 
contained unwarranted curative and therapeutic claims.
On August 13, 1935, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 404 packages of 
Dalley's Pain Extractor at Newburgh, N. Y., alleging that the article had been
shipped in interstate commerce on or about July 16, 1935, by the Dalley Manu- 
facturing Co., from Bayonne, N. J., and charging misbranding in violation of 
the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of a bismuth compound 
and camphor incorporated in an ointment base.
The article was alleged to be misbranded in that the following statements 
appearing in the labeling were statements regarding the curative and thera- 
peutic effects of the article and were false and fraudulent: (Metal box) "Pain 
Extractor"; (wrapper) "Pain extractor * * * A Remedy for * * * 
Cuts, Piles, Ulcers, Boils, Salt Rheum, Swellings, * * * Etc. Use Dalley's 
Pain Extractor Wherever Inflammation Exists * * * Pain Extractor"; 
(circular) "Pain Extractor * * * Being a sovereign remedy for Piles, 
Rheumatism, Eruptions,   *    *    *    and all the innumerable accidental injuries
* * *. Its power is the wonderful control it has over Inflammation In- 
flammation and Pain are as inseparable as fire and heat. Inflammation pro- 
duces Pain, and Pain produces Inflammation. Wherever there is unnatural 
Heat, Throbbing, or Redness, whether caused by Fever, * * * Cuts, Sores, 
Piles, * * * Rheumatism, &c, there is Inflammation. To relieve Pain, 
and restore Nature, the Inflammation must be subdued. * * * Thousands 
of persons who have used Dalley's Pain Extractor are convinced that its con- 
trol over Inflammation is most wonderful, neutralizing the poison,. extract- 
ing morbid secretions and assisting Nature to resume her course, thus renew- 
ing and healing. * * * Pain Extractor Is A Remedy For * * * Piles, 
Salt Rheum Itch Swellings, Cuts, * * * Erysipelas,' * * * Inflamma- 
tions, * * * Bunions, Rheumatism Sores, * * * Broken Breasts, Sore 
Nipples, Sore Feet, &c, * * * and all the various Skin Diseases. In fact 
wherever inflammation exists the Pain Extractor should be applied. * * * 
where the skin is broken, * * * For Boils Swellings, Tumors, &c., * * * 
For Salt Rheum, Scald Head, Ringworm, and all skin diseases, * * * For 
Sore Eyes,    *    *    *    For Piles,    *    *   *   For Rheumatism, Weak Back, &c,
* * * It Is Not A Repellent. It does not drive in and disperse through 
the system those humors that appear on the skin, but being as its name in- 
dicates a pain and poison extractor, it draws out from the system and diseased 
parts, the inflammation that is the support of the ailment."
On September 6, 1935, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.