12855. Misbranding-  of D.  O.  D.    IT.  S.  v. 66  Packages  of  a  Drug' Product
Labeled " I>. O. D." Decree of condemnation and f orf eiture. 
Product released under bond. (P. & D. No. 17839. I. ?. No. 416l-v. 
8. No. C-4125.)
On September 28, 1923, the United States attorney for the Eastern District 
of Wisconsin, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel, and on May
27, 1924, an amended libel, praying the seizure and condemnation of 66 pack- 
ages of a drug product labeled " D. O. D.," remaining in the ori^'nal unbroken 
packages at Milwaukee, Wis., alleging that on September 17, 1923, the C. 
Nelson Smith Co., of Milwaukee, Wis., delivered the said article for shipment 
in interstate commerce from the State of Wisconsin into the State of Ohio, 
and charging misbranding in violation of the food and drugs act as amended. 
The article was labeled in part: (Label and caitoi.) "Guaranteed when used 
according to directions to relieve any disease caused by poison or Bacteria or 
money refunded;" (label) "D O D * * * invaluable in treating a great 
many different kinds of diseases. It Kills All Poison in the human sys- 
tem; " (carton) "Kills All Poison In The Human System * * * Gan- 
grene * * * Eczema * * * Rashes and other Skin Diseases; * * * 
Dyspepsia Dysentery Cholera Morbus Indigestion Colic Pyorrhea * * * 
Colds Sore Throat Bronchitis Catarrh Hay Fever Grippe Influenza, etc; " 
(circular) "A remedy has been discovered that will kill poison and bacteria in 
the human system, wherever it can be reached, regardless of the disease-and 
that remedy is D O D * * * provides permanent relief to sufferers from 
every disease that is caused by poison * * * most all diseases are caused 
by poison in the human system * * * taken internally will kill the poison 
in the stomach and bowels which is responsible for * * * Dyspepsia, Dysen- 
tery, Colic, Cholera Morbus, Ulcers, Ptomaine Poison and many other kindred 
ailments * * * Gangrene, * * * Eczema, Piles * * * Rashes * * * 
and other skin diseases * * * D O D when brought to steam or vapor and 
inhaled will kill the bacteria and poison in the nasal ducts, throat, bronchial 
tubes, and lungs, thereby giving almost immediate relief from Colds, Sore 
Throat, Bronchitis, Catarrh, Hay Fever, Grippe, Headache and Influenza. By 
killing the poison which causes these diseases, nature will quickly restore the 
affected parts to normal strength. * * * Diabetes * * * D O D 
* * * twice daily * * * Continue this treatment for at least 20 days 
and then note improvement. * * * Shingles * * * Barbers Itch * * * 
Dandruff * * * Asthma * * * continue until recovery is complete * * * 
heal all kinds of skin diseases * * * when sprayed in fine mist it kills all 
germs in the air * * * use a solution of % teaspoonful of D 0 D with 
one gallon of water.    Diabetic gangrene    *    *    *    stomach troubles."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that the product consisted essentially of 94 per cent of sodium 
bicarbonate and 6 per cent of potassium permanganate.
Misbranding of the article was alleged in the libel for the reason that the 
above-quoted statements appearing in the labeling were false and fraudulent, 
since the said article contained no ingredient or combination of ingredients 
capable of producing the effects claimed.
On May 28, 1924, C. Nelson Smith Co., Milwaukee, Wis., having appeared as 
claimant for the property, judgment of condemnation and forfeiture was en- 
tered, and it was ordered by the court that the product be released to the said 
claimant upon payment of the costs of the proceedings and the execution of a 
bond in the sum of $500, in conformity with section 10 of the act.
W. M. JABDINE, Secretary of Agriculture.