29042. Misbranding of Dr. Lemke's Laxative Herb Tea, Anti-Bilions Blood and 
Catarrh Powder, and Golden Electric Liniment. IT. S. v. Clarence R. 
Lemke (Dr. H. C. Lemke Medicine Co.). Plea of nolo contendere. Fine, 
$50.    (F. & D. No. 39831.    Sample Nos. 33660-C, 33661-C, 33662-C.)
The labeling of all these products bore false and fraudulent curative and 
therapeutic claims, and the Golden Electric Liniment also contained less 
alcohol than declared.
On February 23, 1938, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Clarence R. Lemke, a member of a firm 
trading as the Dr. H. C. Lemke Medicine Co., at Chicago, Ill.; alleging ship- 
ment by said defendant in violation of the Food and Drugs Act as amended, 
within the period from on or about December 21, 1936, to on or about March 
11, 1937, from the State of Illinois into the State of Indiana of quantities of the 
above-named drug products which were misbranded. The articles were labeled 
in part: "Dr. H. C. Lemke Medicine Co.    *    *    *   Chicago, III."
Analyses of samples of the articles showed that Dr. Lemke's Herb Tea con- 
sisted essentially of plant material including flaxseed, sambucus, althea, fennel 
seed, coriander seed, sassafras, licorice, lavender flowers, saffron, uva ursi, 
senna, cascara sagrada, peppermint stems, and horehound; that the Anti-Bilious 
Blood and Catarrh Powder consisted essentially of ground plant material 
(including an emodin-bearing drug and an unidentified alkaloid), free sul- 
phur, sugar, and iron and calcium compounds; and that the Golden Electric 
Liniment consisted essentially of small proportions of ammonia, volatile oils 
including camphor, oil of cloves, and oil of sassafras, chloroform, ether, alcohol 
(64.2 percent by volume), and water.
The Laxative Herb Tea was alleged to be misbranded in that its labeling 
falsely and fraudulently represented its curative and therapeutic effectiveness as 
a treatment, remedy, and cure for sour stomach and dizziness; its effectiveness 
to cleanse the intestinal tract, as a treatment for disordered complexion; its 
effectiveness to aid in restoring to and retaining in the skin a ruddy glow so 
needful to a good complexion; its effectiveness as a treatment for disturbed 
functions of the liver,  stomach and intestinal tract,  digestive disturbances,
faulty digestion, excessive gastric acidity, acid and upset stomach, stomach 
j pains, sluggishness of the liver, liver disorders, and attacks of vertigo; its ef- 
fectiveness to excite the stomach and liver to greater activity, to cause the bowel 
movement to become more regular and more efficient, and to improve the 
appetite and digestion; its effectiveness to free the blood of all impurities and 
to ensure rosy, youthful freshness to the skin; its effectiveness as a household 
remedy for relieving the excretory organs; to promote the activity of the liver 
and stomach; to assist nature in removing impurities from the blood, -and to 
recover and maintain a clearer skin; its effectiveness to relieve a great maiiyj\ 
aches and pains; its effectiveness to aid the action of the liver and kidneys, 
and as a treatment, remedy, and cure for indigestion, gases in the stomach, 
jaundice, sour stomach, coated tongue, foul breath, belching up of gas, head- 
aches, boils, pimples, dry sallow skin, certain eruptions of the skin on face or 
body which may be caused from an inactive liver or kidneys, acute infectious 
diseases, general debility, blotches, rashes, digestive disorders, excessive acidity 
of the stomach, bad breath, eructations, attacks of vertigo, abseessep, dry brittle 
skin, certain cutaneous eruptions, general organic debility, skin impurities, and 
ailments of the liver, kidneys and intestines; and its effectiveness to stimulate 
the functioning of the liver and kidneys.
The Anti-Bilious Blood and Catarrh Powder was alleged to be misbranded 
in that statements in the labeling falsely and fraudulently represented its 
therapeutic and curative effectiveness as a treatment for blood ailments and 
catarrh; its effectiveness as a treatment for sour and sick stomach, dizziness, 
dyspepsia, ailments of the liver, kidneys and bowels, impure blood, asthma, 
catarrh in the head, chest, stomach, and bowels, pimples, boils, eruptions of 
the skin, jaundice, headaches, fevers and feverish complaints; its effectiveness 
to purify the blood and system in general of impurities and. accumulations; 
its effectiveness to relieve a great many aches and pains; its effectiveness to 
counteract catarrh, and as a treatment for irritation of the mucous membrane 
of the bowels and urinary passages; its effectiveness to regulate the bowels, 
and as a treatment for indigestion, foul breath, coated tongue, blotches, rash, 
sallow skin and complications of the liver and kidneys; its effectiveness to 
eliminate waste matter from the bowels and to alleviate stomach disorders; 
its effectiveness as a remedy for stomach disorders, catarrh, catarrh of the 
chest, asthma and irritations of the mucous membranes of the intestines and 
urinary passages; its effectiveness to regulate intestinal activity, and as a 
treatment for fever and feverish attacks, especially in children, digestive ansi 
gastric disorders; its effectiveness as a prfeventive of headaches, excessive 
acidity of the stomach, dyspepsia, attacks of vertigo, bad breath, coated 
tongue, pimples, abscesses, skin janpurities, eruptions, sallow skin, and in- 
sufficiently functioning liver or kidneys; its effectiveness to expel waste matters 
from the intestines and to cause the stomach to function properly; its effec- 
tiveness as a treatment for blood disorders and serious disorders of the liver 
and kidneys; and its effectiveness to regulate the digestion and to prevent 
many diseases and much pain and suffering.
The Golden Electric Liniment was alleged to be misbranded in that state- 
ments in the labeling falsely and fraudulently represented its curative and 
therapeutic effectiveness as a relief for pain caused by muscular rheumatism, 
neuralgia, headache, earache, backache, toothache, stiff neck, sore, stiff, swollen 
muscles or joints, aching joints, cuts, pleurisy, bronchitis, frozen limbs, minor 
forms of colic and cramps, and many other ailments; its effectiveness as a 
treatment for burns, open sores, earache and sore throat; its effectiveness to 
alleviate rheumatic pains, neuralgia, headache, sore, stiff, swollen joints and 
muscles, backache, wounds, snake bites and all forms of colic and cramps; 
its effectiveness as a treatment, remedy, and cure for rheumatic pains, neu- 
ralgia, headache,, backache, sore, stiff, swollen muscles or joints, frozen hands, 
snake bites, burns, open wounds, toothache, earache, stomach ache caused by 
colic or cramp, open sores, diarrhea and dysentery; its effectiveness as a re- 
lief for a great many aches and pains; its effectiveness as a treatment for 
colic 
,
in horses, cattle, and swine, and bellyache in horses, cows, and pigs; 
and its effectiveness as a relief for pain caused by colic and cramps, barb- 
wire cuts and swellings in horses and cattle. The Golden Electric Liniment 
was alleged to be misbranded further in that the statement "alcohol 71%" 
on the label was false and misleading since it represented that the article con- 
tained 71 percent of alcohol; whereas it did not contain 71 percent of alcohol 
but contained a less amount.    It was alleged to be misbranded further in that
it contained alcohol and its label failed to bear a statement of the quantity 
and proportion of the alcohol contained therein.
On June 8, 1938, a plea of nolo contendere having been entered by the de- 
fendant, the court imposed a fine of $50.
M. L. WILSON, Acting Secretary of Agriculture.