29007. Misbranding of   Fisher's   Pugilitis   Pendicitis   and   Columbine   Massage
, Cream; adulteration and misbranding of Fisher's Massage liniment. 
U. S. v. 16 Bottles of Fisher's Pugilitis Pendicitis, et al. Default decree 
of condemnation and destruction. (F. & D. Nos. 41889. 41890, 41891. 
Sample Nos. 165-D, 166-D, 167-D.)
The labeling of all these products bore false and fraudulent curative and 
therapeutic claims. In addition, the labeling of the Pugilitis Pendicitis bore a 
false and misleading statement that it was guaranteed under the Food and 
Drugs Act; and the Massage Liniment contained less alcohol than declared 
on the label.
On March 11, 1938, the United States attorney for the District of Arizona, 
acting upon a report by the Secretary of Agriculture, filed in the district court
a libel praying seizure and condemnation of 16 bottles of Fisher's Pugilitis / 
Pendicitis: 6 jars of Fisher's Columbine Massage Cream, and 2 bottles of ^ 
Fisher's Massage Liniment at Tucson, Ariz.; alleging that the articles had been 
shipped in interstate commerce on or about February 7, 1938, from Denver, 
Colo., by George B. Fisher; and charging Misbranding of all the products and 
Adulteration of Fisher's Massage Liniment in violation of the.Elrod and Drugs 
Act as amended.
Analyses of samples showed that the articles consisted essentially as follows: 
(Pugilitis Pendicitis) of water, alcohol, magnesium sulphate, and flavoring 
materials; (massage cream) of petroleum oil and perfume; and (liniment) of 
water and alcohol (8.9 percent by volume) with small proportions of ammonium 
carbonate and iodides.
The liniment was alleged to be adulterated in that its strength fell below 
the professed standard or quality under which it was sold, namely, "Alcohol 
26.88%," since it contained less than 26.88 percent of alcohol.
It was alleged to be misbranded in that its package failed to bear on its 
label a statement of the quantity or proportion of alcohol contained therein, 
since the declaration of alcohol was incorrect. It was alleged to be misbranded 
further in that the following statement borne on the label falsely and fraudu- 
lently represented its curative or therapeutic effects: (Bottle) "For Developing 
the Breast and Chest * * * For Cuts"; (carton) "Burns, Cuts, * * * 
Etc. * * * It Relieves Pain It eases a sore side It Beats the World to 
use in Childbirth."
The Pugilitis Pendicitis was alleged to be misbranded in that the following 
statement appearing on the carton was false and misleading since it created 
the impression that the article had been examined and approved by the Gov- 
ernment of the United States, that the Government guaranteed that it complied 
with the law and that the article did so comply; whereas it had not been so 
approved and guaranteed and did not comply with the law: "Guaranteed by The 
Fisheropathic College Association under the Pure Food and Drugs Act, June 
30, 1906. Serial No. 4533." It was alleged to be misbranded further in that 
certain statements set forth in a booklet contained in the package falsely and 
fraudulently represented the curative or therapeutic effectiveness of the article 
in the treatment of appendicitis, ptomaine poisoning, malnutrition, autotoxae- 
mia, abscess, ovarian or uterine (leucorrhoea), gastritis, peritonitis, amenor- 
rhoea (absence of menstrual flow), blood poisoning, child bearing (septicaemia 
or pyaemia), constipation, and hay fever.
The massage cream was alleged to be misbranded in that the following 
statements appearing in a circular contained in the package falsely and fraudu- 
lently represented the curative or therapeutic effectiveness of the article: "For
* * * Developing the Bust, Removing Wrinkles, Freckles, Black-heads, Skin 
Eruptions, Eczema, Scalp Diseases, Ring-Worms, * * * Shingles, Baby- 
Rash, Moth-Marks, Etc.    *    *   *   Dandruff and Scalp Disease—*   *    *   Apply
* * * until scalp and hair feels * * * healthy. * * * For harsh 
voice, croup, sore chest, pneumonia, flu, asthma, or whooping-cough, a small 
piece swallowed will afford immediate relief. If lungs are sore and congested, 
as in flu or pneumonia, note instructions in the ten-minute study for using the 
Fisher Food Remedies."
On April 5, 1938, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.