25819. Misbranding of Dr.  P.  C.   Sanderson's  Indian  Herbs  of  Joy  and  Blood
Cleanser, and Sengarian Ointment, formerly called "Hungarian Oint- 
ment." V. S. v. Asehenbach & Miller, Inc., a corporation, and John 
F. Belsterling, its president. Plea of nolo contendere. Joint fine, 
$50.     (F. & D. no. 34005.    Sample nos. 10463-B, 10464-B.)
False and fraudulent curative and therapeutic claims were made for these 
articles. The label of one erroneously represented that it was an Indian product. 
The label of the other erroneously represented that it was of antiseptic efficacy 
and that particular use of it could be made with perfect safety.
On June 12, 1935, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Asehenbach & Miller, Inc., a corporation, 
Philadelphia, Pa., and John F. Belsterling, its president, alleging shipment by 
them in violation of the Food and Drugs Act as amended, from Philadelphia, 
Pa., to Wilmington, Del., of quantities of Dr. P. C. Sanderson's Indian Herbs of 
Joy and Blood Cleanser on or about March 28, 1934, and quantities of Sengarian 
Ointment, formerly called "Hungarian Ointment", on or about June 9, 1934, 
which articles were misbranded. The articles were labeled in part: (Box) "Dr. 
P. C. Sanderson's Indian Herbs of Joy and Blood Cleanser"; (box) "Sengarian 
Ointment Hungarian Med. Co. 400 N. 3rd St., Phila., Pa."; (carton) 
"Sengarian Ointment, Formerly Hungarian * * * For Drawing, Healing, 
Strengthening. Etc. * * * Asehenbach & Miller, Inc. 400 N. Third Street, 
Philadelphia, Pa."
Analysis showed that the Herbs of Joy consisted of ground crude drugs 
including aloe, cinnamon, and ginger; that the ointment was a dark-brown, 
sticky salve consisting of lead soap, rosin, and camphor. An examination of the 
ointment resulted in the finding that it was not antiseptic when used as directed.
Misbranding of the Herbs of Joy was charged in that the labels on the boxes 
bore, and a circular enclosed in the package contained, statements regarding the 
curative and therapeutic effects of the article; that the said statements were 
false and fraudulent representations that the article was effective, among other 
things, as a blood cleanser and health promoter; effective as a treatment, remedy, 
and cure for liver  complaints,  dyspepsia, rheumatism, malarial fevers, and
worms
1 in children; effective as a treatment for fever and ague, and to remove 
the cause of fever and chills; and effective when used in connection with pure 
rye whisky as a treatment, remedy, and cure for weak lungs, blood spitting, and 
bad coughs. Misbranding of the Herbs of Joy was further charged in that the 
circular enclosed in the package bore the statement, to wit, "Great Indian 
Remedy" and that the labels on the boxes bore the statement, to wit, "Indian 
Herbs"; that the said article was not an Indian product; that the said state- 
ments aforesaid were false and misleading.
Misbranding of the Sengariun Ointment was charged in that the cartons bore 
and a circular enclosed in them contained statements regarding the curative 
and therapeutic effects of the article; that the statements were false and 
fraudulent representations that the article was effective, among other things, 
as a relief for bunions, and as a treatment for inward pains, lumbago, catarrh, 
gathered breast, sore nipples, felons, flesh wounds, deep-seated sores, carbuncles, 
cuts, boils, scrofulous sores, eczema, salt rheum, tetter, piles, and all skin 
eruptions; effective as healing and strengthening in the treatment for inward 
pains, open sores, rheumatism, synovitis, sciatica, lumbago, contractions and 
pain in chest, throat and back, cholera infantum, cholera morbus, and in- 
flammation of bowels and stomach; effective as an agent for drawing out the 
inward soreness and inflammation, and to impart new strength and vigor to 
the parts affected; effective to reach the seat of the disease; effective as a treat- 
ment, remedy, and cure for all kinds of open sores, fresh wounds or old sores, 
and to draw to the surface poisonous fluid or matter; to heal the wounds and 
strengthen the tissues, and to leave the flesh in a healthy condition; 
effective as a treatment for rheumatism, synovitis, catarrh, lumbago, sciatica, 
erysipelas, cholera, inflammation of the bowels and stomach, or any inward 
pains, felons, gathered breasts, ulcers, abscesses, cholera infantum, cholera 
morbus, and chronic diarrhea; and effective to relieve croups and griping pains, 
to reduce inflammation of the stomach and bowels and restore them to healthy 
action.
Misbranding of the Sengarian Ointment was further charged in that the 
cartons bore the statement, to wit, "Sengarian Ointment is antiseptic"; that the 
circular.enclosed in the package bore the statement, to wit, "It may be used 
on-tlre^most-tender infant with perfect safety * * * Directions''; that the 
article was not antiseptic when used as directed and that it could not be used 
on the most tender infant with perfect safety; and that the aforesaid statements 
were false and misleading.
On September 6, 1935, a plea of nolo contendere was entered on behalf of the 
defendants, and the court imposed a joint fine of $50.
W. R. GBEGG, Acting Secretary of Agriculture.