21993. Misbranding1    of   Breeden's   Rheumatic    Compound    and   Breeden's
Blood Medicine. U. S. v. 41 Bottles of Breeden's Rheumatic Com- 
pound and 23 Bottles of Breeden's Blood Medicine. Default de- 
cree   of   condemnation,  forfeiture,  and   destruction.     (F.  &  D.  no.
31632, 31633.    Sample nos. 56260-A, 56261-A.)
Examination of the drug products involved in this case disclosed that they 
contained no ingredients or combinations of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. The Blood 
Medicine contained alcohol and failed to bear an informative declaration of 
the quantity of such alcohol.
On November 29, 1933, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 41 bottles of Breed- 
en's Rheumatic Compound and 23 bottles of Breeden's Blood Medicine at 
Dallas, Tex., alleging that the articles had been shipped in interstate com- 
merce on or about October 9, 1933, by D. Wilson, from Los Angeles, Calif., and 
charging misbranding in violation of the Food and Drugs Act as amended. 
The articles were labeled in part: " Manufactured by Breeden Drug Company, 
Inc, Memphis, Tennessee."
Analyses of samples of the articles by this Department showed that the 
Rheumatic Compound consisted essentially of potassium iodide (1.5 grams 
per 100 milliliters), colchicine (7 milligrams per 10O milliliters), extracts of 
plant drugs, alcohol, and water; and that the Blood Medicine consisted essen- 
tially of potassium iodide (1 gram per 100 milliliters), extracts of plant drugs, 
and alcohol (14.2 percent by volume).
It was alleged in the libel that the articles were misbranded and that the 
following statements regarding the curative and therapeutic effects were false 
and fraudulent: (Rheumatic Compound, bottle) "Rheumatic Compound For 
Rheumatism"; (Rheumatic Compound, package) "Rheumatic Compound For 
Rheumatism * * * Rheumatic Compound"; (Rheumatic Compound, circu- 
lar) " Rheumatic Compound We recommend it for Rheumatism. If you have 
Rheumatism use Breeden's Rheumatic Compound. This medicine has been 
tested for years, and the praise which it has received from the trade, and the 
good results of its use by sufferers from the disease of Rheumatism, cause 
us, the manufacturers, ho unhesitatingly recommend it. We believe we have 
made it as perfect a preparation for the relief of Rheumatisum as it is possible 
for us to do. * * * Rheumatic": (Blood Medicine, bottle) "Medicine 
Blood * * * Indicated in Blood Disorders And Diseases-'-'; (Blood Medicine, 
package) "Blood Medicine * * * Indicated in Blood Disorders and Dis- 
eases. Use when system is run down and blood needs rebuilding. * * * 
Blood Medicine Indicated in Lumbago, Skin Eruptions, Blood Boils. Sores, 
Stiffness Of The Joints, Muscles And Limbs"; (Blood Medicine, circular) 
" Blood Medicine We recommend its use when you need a Blood Builder. We 
want you to give it a trial when you have Blood Disorders and Diseases, 
Lumbago, Skin Eruptions, Blood Boils, Sores, stiffness of the Joints, Muscles 
and Limbs, or when system is run down and blood needs rebuilding"; (bottle, 
both products) "Direction: Dose: Scant tablespoonful two or three times a 
day, before meals, until it acts freely on the Liver, then reduce dose to suit 
the system if according to directions it acts too freely. For children reduce 
dose to suit age. If above directions cannot be followed reduce dose to 1 
teaspoonful 2 or 3 times a day."
Misbranding of the Blood Medicine was alleged for the further reason that 
the statement on the carton label, " Contains not over 20% Alcohol by Volume ", 
was misleading, since it contained only 14.2 percent of alcohol.
On January 8, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.