29441. Misbranding of Healthagain Preparations. XI. S. v. Healthagain Labora- 
tories. Inc. Plea of guilty. Fine, $240. (F. & D. No. 31447. Sample 
Nos. 4758-A, 8951-A, 8953-A, 8954-A, 19226-A, 21756-A, 21758-A, 21826-A.)
The labeling of these products bore false and fraudulent curative and 
therapeutic claims and false representations regarding their composition.
On October 24, 1934, the United States attorney for the Northern District of 
West Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Healthagain Laboratories, Inc., Wellsburg, 
W. Va.; alleging shipment by said defendant in violation of the Food and Drugs 
Act as amended, on or about September 17, 21, and 26 and October 25. 1932, from 
the State of West Virginia into the States of Illinois, New York, Pennsylvania, 
and Ohio of quantities of Healthagain Preparations, hereinafter described, which 
were misbranded and of which certain ones were adulterated. The articles were 
labeled in part: "Healthagain Laboratories, Inc. * "* * Wellsburg. W. Va." 
All lots with one exception were variously labeled: "* * * Ulcerated Stom- 
al-, <«* * * Anemia," "* * * Special," "* * * Diabetes No. 3," 
"* * * Anemia No. S," or "* * * Sugar Diabetes." One lot bore no special 
designation.
Analyses of samples of the articles showed that one lot labeled "Special" 
and another lot labeled "Sugar Diabetes" consisted essentially-of Epsom salt, 
sugar, alcohol, water, and plant extractives including an emodin-bearing drug, 
such as senna or rhubarb, and some sediment; and that the remaining lots con- 
sisted essentially of Epsom salt (approximately 20 percent), extracts of plant 
drugs including laxative drugs such as senna, rhubarb, jalap, and podophyllum, 
alcohol (approximately 3.2 percent by volume), sugar (approximately 20 
percent), and water.
The product designated as a treatment for ulcerated stomach and one lot 
of that designated as a treatment for "Sugar Diabetes" were alleged to be mis- 
branded in that statements in the labeling regarding their curative and thera- 
peutic effects falsely and fraudulently represented that they were effective as 
treatments for diabetes, high blood pressure, anemia, Bright's disease, dropsy, 
tuberculosis, liver ailments, nervousness, skin disease, ulcerated stomach, 
arthritis, rheumatism, gall-bladder trouble, and asthma; to enable the user to 
regain health; effective as a remedy for boils, carbuncles, blisters, congestion 
of the liver, and gangrene resulting from diabetes; effective to unload the exces- 
sive sugars, poisons, and acids that are in the liver in liquid form, to work 
the liver, force it into action, and to unload the raw sugars and acids through 
the bowels; to drive the sugar and impurities from the liver; to cleanse the 
liver, destroy the acid, build up the red corpuscles and increase the vitality; as 
a treatment for acidosis; as a remedy for obesity, sickness, weakness, disease, 
rheumatism, tuberculosis, gout, diabetes, skin disorder, mucous colitis, neuritis, 
kidney involvement, heart trouble, asthma, serious ailment, headaches, ab- 
scesses, nausea, ulcers, inflammation of gall bladder, and swelling and tender- 
ness of skin due to acidosis; to restore the liver, spleen, and pancreas to normal 
functioning; to keep the liver healthy; effective as a remedy for headache, 
vertigo, anemia, acne, and other infections of the skin, neuritis and arthritis 
119917—39 2
due to constipation; to stimulate the liver and to cause it to unload the -Im- 
purities and to do away with tired, irritated feeling; to cause regular action 
of the bowels; as a remedy for malassimilation, loss of appetite, decaying 
teeth, obesity, nonelimination, acidosis, with its many and varied manifesta- 
tions, anemia and demineralization; as a remedy for all ailments and general 
run-down conditions arising from a dormant or inactive spleen; as a success- 
ful treatment of any disease or impure blood resulting from spleen afflictions; 
as a remedy for anemia caused by an enlarged spleen; to arouse the spleen into 
activity in order to restore normal sex life; to maintain perfect health and to 
insure perfect functioning of all the glands to prevent premature old age, 
wrinkles, and senility; as a treatment for waning sex life and nervous debility 
due in part to acidosis; (in the case of the treatment for ulcerated stomach 
only) to insure health; and (in the case of the treatment for "Sugar Diabetes" 
only) as a treatment for sugar diabetes.
One lot of the treatment for "Sugar Diabetes" and those labeled "Special" 
and "Anemia" were alleged to be misbranded in that statements in the labeling 
falsely and fraudulently represented their curative and therapeutic effectiveness 
as treatments for diabetes, high blood pressure, anemia, Bright's disease, 
dropsy, tuberculosis, liver ailments, nervousness, skin disease, ulcerated 
stomach, arthritis, rheumatism, gall-bladder trouble, and asthma; their effec- 
tiveness to enable the user to regain health; and (in the case of the products 
designated "Sugar Diabetes" and "Special") their effectiveness as treatments 
for sugar diabetes. The products designated "Ulcerated Stomach," "Sugar 
Diabetes," "Special," "Anemia," and the lot with no particular designation 
were alleged to be misbranded further in that the statements on the labels, 
"Vegetable Compound" and "No Drugs," were false and misleading since they 
represented that the articles consisted wholly of vegetable substances and 
contained no drugs; whereas they did not consist wholly of vegetable substances 
but contained Epsom salt and did contain drugs, Epsom salt and other laxi 
tine drugs. They were alleged to be misbranded further in that they contained 
alcohol and the labels on the packages failed to bear statements of the quantity 
and proportion of alcohol contained therein.
The products designated "Diabetes No. 3" and "Anemia No. 3" were alleged 
to be adulterated in that their strength and purity fell below the professed 
standard and quality under which they were sold since they were represented 
to be compounded wholly of vegetable extracts listed in the United States 
Pharmacopoeia and of alfalfa; whereas they were compounded in large part of 
Epsom salt, ,a mineral drug. They were alleged to be misbranded in that 
the statements on the labels, "Compounded of U. S. P. Vegetable Extracts and 
Alfalfa," "A Pood Medicine," and "No Harmful Drugs," were false and mis- 
leading since they represented that the article was compounded wholly of 
vegetable extracts listed in the United States Pharmacopoeia and of alfalfa, 
that they were food medicines, and that they contained no harmful drugs; 
whereas they were not composed wholly of vegetable extracts listed in the 
United States Pharmacopoeia and of alfalfa but were composed in large part 
of Epsom salt, a mineral drug, they were not food medicines in that they 
contained no food, and they contained Epsom salt, emedin, and jalap, which 
might be harmful to health. They were alleged to be misbranded further in 
that statements in the labeling falsely and fraudulently represented their 
curative and therapeutic effectiveness to enable the user to regain health, and 
their effectiveness as treatments, respectively, for diabetes and anemia.
On July 18, 1938, a plea of guilty having been entered on behalf of the 
defendant, the court imposed a fine of $240.
HABBY L. BROWN, Acting Secretary of Agriculture.