30965. Adulteration and misbranding of Coal Breaker Pills and Lucky Heart 
Kiss Sweet Tooth Paste. Misbranding of San-I-Gene Sanitary Anti- 
septic Douche Powder, Vapo Genuine Over Night Salve, Healo Salve, 
Genuine Preacher's No-Ru, Glandeen Called Courage Tablets, Bewino 
Beef Wine & Iron Tonic & Builder, Chippewa Genuine Guaranteed 
Old Indian Medicine, Tiger Head Antiseptic Nerve & Bone Liniment, 
Lucky Heart the Wonder Skin Ointment & Brightener, Kandu Vege- 
table Compound, Genuine Erbru Health Herbs & Iron, Chippewa Indian 
Herbs Tea, Erbru Pine Compound Cough Syrup, and Orene Hygiene 
Soap. IT. S. v. Lucky Heart Laboratories, Inc., Morris Shapiro, and 
Ben M. Spears. Pleas of guilty. Total fines, $7,000. (F. & D. No. 42720. 
Sample Nos. 53061-D to 53077-D, Inclusive, 53079-D, 53080-D.)
The San-I-Gene Sanitary Antiseptic Douche Powder bore in its labeling false 
and fraudulent curative and therapeutic claims, and it would not act as an 
antiseptic when used as directed. Analysis showed that the article, a white 
powder, consisted chiefly of boric acid, potassium alum, paraformaldehyde, 
flavoring, and a trace of phenol. The Vapo Genuine Over Night Salve bore 
false and fraudulent curative and therapeutic claims. Analysis showed that 
the article, a yellowish semi-solid mass, contained volatile oils, chiefly 
eucalyptol, pine oil, and methyl salicylate, in a petrolatum base. The labeling 
for Healo Salve bore false and fraudulent curative and therapeutic claims. 
Analysis showed that it consisted chiefly of a petrolatum base containing zinc 
oxide, camphor, resorcinol, and benzocaine. The labeling for each of the two 
shipments of Genuine Preacher's No-Ru bore false and fraudulent curative and 
therapeutic claims, and in one shipment the article was falsely represented 
to derive its therapeutic properties from roots, herbs, and berries. Analysis 
showed that it consisted essentially of small proportions of potassium acetate, 
methenamine, extracts of plant drugs including juniper and black pepper, and 
water. The labeling for Glandeen Called Courage Tablets bore false and 
fraudulent curative and therapeutic claims. Analysis showed that it contained 
extracts of plant drugs, including nux vomica and damiana, and iron carbonate, 
coated with calcium carbonate and sugar. The labeling for Bewino Beef Wine & 
Iron Tonic and Builder bore false and fraudulent curative and therapeutic 
claims. The label also failed to declare the quantity or proportion of alcohol 
contained in the article. Analysis showed that it consisted essentially of small 
proportions of iron and ammonium citrate, alcohol (17.8 percent by volume), 
and water. The Chippewa Genuine Guaranteed Old Indian Medicine bore in 
its labeling false and fraudulent curative and therapeutic claims. It also 
was falsely represented to consist entirely of substances derived from roots, 
herbs, and berries. Analysis showed that it consisted essentially of Epsom 
salt, plant drugs including a laxative drug, licorice, and water colored with 
caramel. The labeling for Tiger Head Antiseptic Nerve & Bone Liniment 
bore false and fraudulent curative and therapeutic claims. More alcohol and 
chloroform was claimed than was found in the product, and the labeling failed 
to bear a statement of the quantity or proportion of alcohol and chloroform 
contained therein. Analysis showed that it consisted essentially of a small 
proportion of volatile oils including oil of sassafras, chloroform (23.0 minims 
per fluid ounce), alcohol (42.7 percent by volume), and water. The labeling for 
Lucky Heart the Wonder Skin Ointment & Brightener bore false and fraudu- 
lent curative and therapeutic claims. The label also falsely represented that 
the product was a harmless ointment that would not burn or injure the most 
delicate skin. Analysis showed that it contained a small proportion of red 
mercuric oxide in a petrolatum base. The labeling for Coal Breaker Pills bore 
false and fraudulent curative and therapeutic claims. It was falsely repre- 
sented on the label that the pills contained bromides, and the label failed to 
state the quantity or proportion of acetanilide contained in them. Analysis 
showed that they contained acetanilide (0.93 grain per pill), extracts of plant 
drugs including capsicum and a laxative drug, small proportions of camphor, a 
quinine and an iron compound, calcium carbonate, and talc. No bromides 
were found in the product. The labeling for the two shipments of Kandu 
Vegetable Compound bore false and fraudulent curative and therapeutic claims. 
Analysis in each case showed that the product consisted essentially of extracts 
of plant drugs, alcohol, sugar, and water, flavored with oil of cloves and colored 
with caramel. The labeling for Genuine Erbru Health Herbs & Iron bore false 
and fraudulent curative and therapeutic claims. It also represented falsely 
that the product derived its therapeutic properties from roots, herbs, barks, 
and berries. Analysis showed that the product consisted essentially of Epsom 
salt, small proportions of an iron compound, extracts of plant drugs including
a laxative drag, salicylates, sugar, and water. The labeling for Chippewa 
Indian Herbs Tea bore false and fraudulent curative and therapeutic claims. 
Analysis showed that the tea consisted essentially of plant material including 
juniper berries, fennel seed, licorice root, aniseed, unidentified flower petals, and 
a woody material. The labeling for Lucky Heart Kiss Sweet Tooth Paste bore 
false and fraudulent curative and therapeutic claims. It was also falsely repre- 
sented on the label that the product was a germicide. Analysis showed that it 
consisted essentially of calcium carbonate, soap, starch, a silicate, and sugar, 
flavored with oil of peppermint. The labeling for Erbru Pine Compound Cough 
Syrup failed to bear a statement of the quantity or proportion of chloroform 
contained in the product. Analysis showed that the cough syrup consisted 
essentially of extracts of plant drugs including white pine, chloroform (6 minims 
per fluid ounce), sugar, and water colored with caramel. The labeling for 
Orene Hygiene Soap bore false and fraudulent curative and therapeutic claims. 
It was also falsely represented to be an antiseptic. Analysis showed that it 
was a sodium soap, colored and perfumed.
On August 3, 1939, the United States attorney for the Western District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Lucky Heart Laboratories, Inc., Memphis, 
Tenn., Morris Shapiro, and Ben. M. Spears, alleging shipment in violation 
of the Food and Drugs Act within the period from July 18 to October 26, 1938, 
from the State of Tennessee into the State of Missouri of quantities of the 
above-named drugs, of which two were both adulterated and misbranded and 
the remainder were misbranded.
The San-I-Gene Sanitary Antiseptic Douche Powder was alleged to be mis- 
branded in that the statements on the label falsely and fraudulently represented 
that it was effective to heal and to protect the female sexual organs safely, 
harmlessly, and dependably; and that it was effective to correct tendencies 
toward infections and diseases. It was alleged to be misbranded further in 
that the statements in the labeling, "Antiseptic Douche Powder * * * 
Dissolve from one to two teaspoons in a quart or more of warm -water," were 
false and misleading since it was not antiseptic when used as directed.
The Vapo Genuine Over Night Salve was alleged to be misbranded in that 
the statements in the labeling falsely and fraudulently represented that it 
was effective as a healing and penetrating salve for coughs, sore throats, 
and chest colds; effective as a treatment, remedy, and cure for soreness and 
tightness in the chest or throat, coughs, chest colds, tonsillitis, asthma, sore 
throat, neuralgia, lung colds, hoarseness, headaches, backaches, cuts, stiff neck, 
rheumatism, lumbago, and itching piles; effective as a relief for coughs, hoarse- 
ness, and sore throat; and effective to penetrate "to where the trouble is."
The Healo Salve was alleged to be misbranded in that the statements borne 
in the labeling falsely and fraudulently represented that the article was effec- 
tive to heal the skin; effective as a treatment, remedy, and cure for wounds, 
cuts, sores, boils, burns, pimples, skin diseases, irritation and eruptions, itching 
or burning caused by eczema, piles, and ugly skin eruptions; effective as an 
instant relief for wounds, cuts, boils, skin diseases, skin eruptions, eczema, 
and piles; effective to keep wounds clean; and as a treatment, remedy, and 
cure for animal cuts and wounds.
The Genuine Preacher's No-Ru in one shipment was alleged to be misbranded 
in that the statements borne in the labeling falsely and fraudulently repre- 
sented that the article was effective as a kidney, bladder, backache, and 
rheumatism remedy; as a treatment, remedy, and cure for backache, weak 
bladder, burning, scalding sensation, getting up nights, aching bones and leg 
pains, swollen hands and feet, highly colored urine, dizziness, nagging back- 
aches, pains in back, loss of pep and energy, swelling, puffiness under eyes 
and rheumatic pains; and effective to clean out waste poison in the kidneys, 
to purify the blood, and to wash out body poisons.
The Glandeen Called Courage Tablets were alleged to be misbranded in that 
the statements in the labeling falsely and fraudulently represented that the 
article was effective as a powerful strengthener and invigorator through its 
action on the glands; as a treatment, remedy, and cure for loss of vitality, 
loss of manhood, run-down condition, fits of depression, nervousness, and irri- 
tability; and effective to restore courage, youthfulness, happiness, strength, 
vigor, energy, pep, and vitality through its action on the glands.
The Bewino Beef Wine & Iron Tonic & Builder was alleged to be misbranded 
in that the labeling falsely and fraudulently represented that the article, was
effective as a tonic and builder; to build up sickly, run-down, and puny people, 
and to give pep and energy; as a stimulant, blood builder, and blood purifier; 
and to aid digestion. This product was alleged to be misbranded further in 
that it contained alcohol and the labeling failed to bear a statement of the 
quantity or proportion of alcohol contained therein.
The Chippewa Genuine Guaranteed Old Indian Medicine was alleged to be 
misbranded in that the statements in the labeling falsely and fraudulently rep- 
resented that the article was effective as a general tonic, as a treatment, remedy, 
and cure for tired feeling, nervousness and indigestion, sour stomach, bad 
breath, and torpid liver; effective to purify the blood, to clear bad and ugly 
skin, to give a healthy, beautiful complexion, to build up the system, and make 
it hard for sickness to "lay hold," and to insure health and strength. This 
product was alleged to be misbranded further in that the statements borne in 
the labeling, "Made with Nature's pure, fresh, full strength roots, herbs and 
berries," were false and misleading since the product did not consist entirely 
of substances derived from roots, herbs, and berries, but did consist of a sub- 
stantial proportion of Epsom salt from which its therapeutic properties were 
chiefly derived.
The Tiger Head Antiseptic Nerve and Bone Liniment was alleged to be 
misbranded in that the statements in the labeling falsely and fraudulently 
represented that it was effective as a nerve and bone liniment; as a relief from 
aches, pains, swelling, simple neuritis, headaches, toothaches, weak back, lum- 
bago, stomach aches, pains and cramps, neuralgia, sciatica, earache, cankered 
sore mouth, sore nipples, ulcers, sore throat, hoarseness, bronchial cough, 
whooping cough, spasmodic croup, diarrhoea, dysentery, bloody flux, cholera 
morbus, muscular rheumatism, muscular cramp, lameness, lame back, stiff, sore, 
and sprained muscles, pains in back, all swellings, aches and stiffness, gas 
pains, colic, indigestion, heartburn, weakness, and swimming in the head; 
and to eliminate pains. This product was alleged to be misbranded further in 
that the statements in the labeling, "Contains 50% alcohol by volume Chloro- 
form 26 Min. to each Pl. Ounce * * * Alcohol 50%," were false and mis- 
leading since the product did not contain 50 percent of alcohol and each fluid 
ounce of the product did not contain 26 minims of chloroform. It was alleged 
to be misbranded further in that it contained alcohol and chloroform, and the 
label failed to bear a statement of the quantities or proportions thereof.
The Lucky Heart the "Wonder Skin Ointment & Brightener was alleged to be 
misbranded in that the statements in the labeling falsely and fraudulently 
represented that it was effective to remove blemishes and clear the complexion { 
to heal sallow skin and other skin imperfections or blemishes, eczema, pimples, 
dark blotches, ringworm, tetter, and rough, bumpy, muddy-looking skin; to 
remove skin blemishes, eczema, pimples, dark splotches, and other skin troubles; 
to insure young skin in just a few treatments; and to aid in removing germ- 
caused blemishes, blackheads, dark splotches, and surface pimples. It was 
alleged to be misbranded further in that the statement in the labeling, "A 
harmless guaranteed ointment that will not burn or injure the most delicate 
skin," was false and misleading since the product contained red mercuric 
oxide, which might be harmful or injurious to the skin.
The product Coal Breaker Pills was alleged to be adulterated in that its 
strength fell below the professed standard and quality under which it was sold 
since it was represented to contain bromides; whereas it contained no bromides. 
It was alleged to be misbranded in that the statements in the labeling falsely 
and fraudulently represented that it was effective as a treatment, remedy, and 
cure for biliousness, dizziness, sour stomach, gas, and colic; and effective to 
destroy infection and to tone the entire system. It was alleged to be misbranded 
further in that the statement on the label, "Contains bromides," was false and 
misleading since it contained no bromides. It was alleged to be misbranded still 
further in that it contained acetanilide and the label failed to bear a statement 
of the quantity or proportion of acetanilide contained therein.
The Kandu Vegetable Compound was alleged to be misbranded in that the 
statements in the labeling falsely and fraudulently represented that it was 
effective as a female regulator and builder, and as a system builder and regu- 
lator for weak, run-down nervous women; as a treatment, remedy, and cure for 
female weakness, cramps, pains, blue feeling, painful menstruation periods, 
headaches, nervousness, run-down condition, loss of appetite, and female ir- 
regularity ; as a relief for troubles common to women; to insure health and 
happiness; to bring back the sparkle in the eye; to help women enjoy life, 
and (one shipment only) that it was effective to clean ugly, bad, splotchy skin.
The Genuine Preacher's No-Ru in one shipment was alleged to be misbranded 
in that the statements in the labeling falsely and fraudulently represented that 
it was effective as a kidney, bladder, backache, and rheumatism remedy; as a 
treatment, remedy, and cure for backache, weak bladder, burning, scalding 
sensation, getting up nights, aching bones and leg pains, swollen hands and 
feet, high colored urine, dizziness, nagging backaches, pains in back, loss of pep 
and energy, swelling, puffiness under eyes and rheumatic pains; and effective to 
clean out waste poison in the kidneys, to purify the blood, and to wash out 
body poisons.
The Genuine Preacher's No-Ru in a later shipment was alleged to be mis- 
branded in that the statements in the labeling falsely and fraudulently repre- 
sented that the article was effective as a remedy in the treatment of disorders 
of the kidneys, liver, and bladder, rheumatism and backache; as a relief of 
backaches, dizziness, burning, smarting sensation, weak bladder, aching bones, 
leg pains, and rheumatic pains; to purify the blood and to insure healthy clear 
skin and youthful feeling; as a treatment, remedy and cure for aching limbs, 
backache, loss of appetite, aching elbow joints, rheumatic pains, swollen feet, 
dizziness and circles under eyes; to prevent the kidneys from becoming clogged 
with poisonous matters and to decrease the danger of acid poison; and to 
make one feel younger and better in every way. This product was alleged 
to be misbranded further in that the statements, "No-Ru is made with fresh- 
pure-roots-herbs and berries Nature's Remedy * * * Contains Nature's Roots, 
Herbs and Berries," were false and misleading since it did not consist entirely 
of substances derived from! roots, herbs, and berries, but did consist in part of 
potassium acetate and methenamine, mineral substances not derived from 
roots, herbs, and berries.
The Genuine Erbru Health Herbs and Iron was alleged to be misbranded in 
that the statements in the label falsely and fraudulently represented that it 
was effective as a treatment, remedy, and cure for heartburn, torpid liver, 
irregular action of the kidneys, dull pains, sour stomach, physical exhaustion, 
headaches, billiousness and similar ailments, indigestion, loss of appetite, 
blotches, sallow complexion, nervousness, dizziness, skin eruptions, boils, weak- 
ness, run-down condition and sleeplessness; as a blood and nerve tonic; to 
strengthen and build up the nerves and to purify the blood; as a strength 
builder and purifier; to clear the complexion and clean the system, to rid the 
system of the poisons and health-destroying waste that clog up the bowels and 
digestive tract; as a relief for swimming in the head, gas pains, indigestion, 
bloating, and sour stomach; to insure a clear, bright, healthy complexion; to 
get one well and keep one well; and to restore the normal action of the stom- 
ach and liver. This product was alleged to be misbranded further in that the 
statements in the labeling, "Use Herbs as the Indians did Erbru Health Herbs 
and Iron * * * The Wonderful Herb Medicine Genuine Erbru Health 
Herbs and Iron Full strength roots, herbs, barks, berries, and iron compound 
tonic. You get the full strength of Erbu's pure Roots, Herbs, Barks, Berries, 
Flowers, and Iron because it's sealed in for your protection * * * Erbru 
is fresh full strength roots, herbs, barks, berries and iron. Nature's own rem- 
edy. Guaranteed made from pure roots, herbs, barks, berries and iron," were 
false and misleading since the product did not consist essentially of substances 
derived from roots, herbs, barks, and berries, but did consist in large part of 
Epsom salt, from which its therapeutic properties were chiefly derived.
The Chippewa Indian Herbs Tea was alleged to be misbranded in that the 
statements in the labeling falsely and fraudulently represented that the article 
was effective as a tonic, and as a treatment, remedy, and cure for upset stomach, 
biliousness, headaches, and bad complexion; as a health restorer; as a relief 
for dyspepsia and biliousness; and to cool and cleanse the blood, to tone the 
liver and kidneys, and to clean the stomach.
The Lucky Heart Kiss Sweet Tooth Paste was alleged to be adulterated in 
that its strength fell below the professed standard and quality under which it 
was sold since it was not a germicide, as represented in the labeling. It was 
alleged to be misbranded in that the statements in the labeling falsely and 
fraudulently represented that it was effective to strengthen the gums, to make 
gums healthy and red, and to prevent decay. It was alleged to be misbranded 
further in that the statement "Kills Germs" was false and misleading since it 
was not a germicide.
The Erbru Pine Compound Cough Syrup was alleged to be misbranded in 
that it contained chloroform and the label failed to bear a statement of the 
quantity or proportion of chloroform that it contained.
The Orene Hygiene Soap was alleged to be misbranded in that the statements 
in the labeling falsely and fraudulently represented that it was effective when 
used in connection with Heal-O-Salve, to relieve discomfort and varieties of 
open sores, irritated skin, and similar ailments. This product was alleged to 
be misbranded further in that the statement on the wrappers, "Antiseptic," was 
false and misleading since it was not an antiseptic.
On November 8, 1939, pleas of guilty were entered on behalf of each of the 
defendants and the court imposed a fine • of $3,499.80 against Lucky Heart 
Laboratories, Inc., a fine of $1,750.10 against Morris Shapiro, and a fine of 
$1,750.10 against Ben M. Spears, a total of $7,000.
GSOVER B. HILL, Acting Secretary of Agriculture.