3289. Misbranding of Dr. Morse's Indian Root pills and Comstock's Dead Shot
worm pellets. U. S. v. 469 Packages, etc (F. D. C. No.,26044. Sample
Nos. 2075-K, 2076-K.)
LIBEL FILED :   December 3,1948, District of Columbia.
ALLEGED SHIPMENT:   On or about November 4 and December 30, 1947, and
January 27, March 22 and 30, June 14, and September 7, 1948, by W. H. COm-
stock Co., Ltd., from Morristown, N. Y.
PBODTJCT: 469 packages of Dr. Morse's Indian Root pills and 142 packages of
Comstock's Dead Shot worm pellets at Washington, D. C.
LABEL, IN PABT : (Package) "Dr. Morse's Indian Root Pills (Improved) * * *
Active Ingredients: Aloes, Mandrake, Gamboge Jalap, Cayenne Pepper
Contents 40 Pills" and "Comstock's Dead Shot Worm Pellets * * * Con-
tains 10 Pellets * * * Active Ingredients Ext. Pepo Spigelia (Pink
Boot)."
NATURE OF CHARGE: Dr. Morse's Indian Boot pills. Misbranding, Section 502
(a), the following statements in the leaflet entitled "The Joy of Living" accom-
panying the article were false and misleading since the article was not capable
of fulfilling the promises of benefit stated and implied by such statements:
"The manufacturers of Dr. Morse's Indian Root Pills have compounded this
laxative to assist man when he overindulges in eating or drinking, and
through the lack of proper exercise, by helping to renew his interest in life
* * * It pays to be regular * * * We moderns eat, drink or smoke too
much, eat too quickly, do not have sufficient sleep-too little fresh air and
exercise. As a result we become constipated. You should watch for these
signs: Sick headache, dizziness, sallow skin, fuzzy tongue * * * and
that 'gone' tired feeling. Now is the time to get out your box of Dr. Morse's
Indian Root Pills (Improved) to get that bowel movement to give you that
feeling of pep and to renew your interest in life. Bad Breath-Fuzzy Coated
Tongue-Bad Taste in the Mouth-Due to Temporary Constipation-When
you feel or see these signs due to temporary constipation, take one or two
Dr. Morse's Indian Root Pills (Improved) before and after meals and two
to four Pills before going to bed. Continue as required * * * As you
grow better, and the movements become regular, take a smaller number of
pills until you feel no further need of them * * * Continue until the move-
ments become regular." Further misbranding, Section 502 (a), the designa-
tion "Indian Root" in the name of the article was false and misleading since
Indians did not make use of this combination of drugs, and the ingredients,
aloe and cayenne pepper, are not roots and are not obtained from roots; and,
Section 502 (f) (2), the labeling of the article failed to bear adequate warn-
ings against unsafe methods and duration of administration in such manner
and form as are necessary for the protection of users since the article was
essentially a laxative and its labeling failed to warn that frequent or con-
tinued use of the article, or its use in accordance with the following directions
appearing in its labeling, may result in dependence upon a laxative to move
the bowels: (Package) 'Adults--1 to 2 Pills before and after meals and 2 to 4
at bed time" and (leaflet) "Take one to two Dr. Morse's Indian Root Pills
(Improved) before and after meals and two to four before going to bed.
Continue as required. * * * Constipation * * * Grownups suffering
from this trouble should take one to two Dr. Morse's Indian Root Pills (Im-
proved) Before and after each meal and two to four pills before going to bed.
Continue until movements become regular or until you have no further need
of them.   Continue as required."
Comstock's Dead Shot worm pellets. Misbranding, Section 502 (a), the
designation on the container and leaflet "Comstock's Dead Shot Worm Pellets
for Round and Pin Wo. ins," the statements on the container "This medicine
helps to expel the worms," and the statements in the accompanying leaflet
"If you are not sure that the worms and their eggs have been removed the
same dose should be taken two weeks after the first dose. Thread Worms-
In addition to the internal treatment, it will be necessary in the case of Thread
Worms to use an enema * * * Delicate, underweight, or frail users should
decrease the dose but continue the remedy three or four nights" were false
and misleading since the article was not effective for the removal of round
worms, pin worms, or thread worms.
DISPOSITION : W. H. Comstock Co., Ltd., claimant, having petitioned for the
removal of the case to the Southern District of New York and the Government
having consented, an order was entered on January 11, 1949, directing such
removal. On May 3, 1950, the claimant having failed to file an answer to the
libel, judgment of condemnation was entered and the court ordered that the
product be destroyed.
DRUG ACTIONABLE BECAUSE OF CONTAMINATION WITH FILTH