damiana to justify the use of the name "Extract of Damiana;" and the statement that it was "useful as an aphrodisiac and for the restoration of virility in debility of the reproductive organs of both sexes" was false, it not containing the aphrodisiac qualities claimed for it. It was held that the product was mislabeled. A label stating that the liquid in the bottle on which it is placed contains "Damiana" or is a "Damiana Nerve Tonic," when there is no damiana in the liquid, is such a one as the statute prohibits."

§ 440. Dandruff Cure.

To label a product "A permanent cure for dandruff,” and that it is "pure and harmless," when it is not a "cure" for dandruff and is not "pure and harmless," is to violate the statute.1

§ 440a. Diphtheria Cure.

A drug was labeled "Humbug Oil relieves diphtheria of the most malignant type." An analysis showed it consisted of immiscible portions, one an oil, 40 percent by volume, half volatile (oil of turpentine), and half nonvolatile (apparently linseed oil); and the other percent by volume consisting of hydroalcoholic solution of ammonia water, ammonium salts and a volatile alkaloid, probably conin. It was charged that it was misbranded for the reason that these ingredients do not possess properties to relieve diphtheria of the most malignant type; and the defendant plead guilty to the charge.2

§ 441. Eyelin.

A quantity of a drug preparation contained in a circular

1 N. J. 345.

2 N. J. 501. The statute does not cover false representations concerning the curative properties of a drug or medicine. See § 406.

1 N. J. 454; N. J. 434. Under the decision of the Supreme Court this decision is erroneous. See § 405.

2 N. J. 988.

tin box, upon one side of which were printed the following words:

One Dollar Repairs and Rejuvenates
Trade Mark EYELIN Registered
The Eye and Sight

The EYELIN CO., Chicago, U. S. A."

and upon the other side of which were printed directions for the use of said drug, said box being surrounded by a circular entitled: "How to Use Eyelin and Your Eyes." This tin box and surrounding circular were placed in a blue pasteboard box, upon the front of which were placed the following printed words:

"Reshapes and Rejuvenates,

Trade Mark EYELIN Registered,
The Eye and Sight."

This drug was misbranded in the following particulars: (a) The label printed upon one face of the tin box containing this drug contained this statement: "Repairs and Rejuvenates the Eye and Sight.'

The substance consisted essentially of perfumed or flavored vaseline. The defendant plead guilty and was fined.1

§ 442. Febrisol, Tilden's.

A drug product was labeled as follows: "Guaranteed under the Food and Drugs Act, June 30, 1906, Serial No. 2262. Tilden's Febrisol. Trade Mark. Analgesic Antalgic & Antipyretic. Alcohol 61 Per Cent. Phenacetine 16 Grs. Acetanilide 10 Grs. in Each Fluid Ounce. Prepared only by The Tilden Company, New Lebanon, N. Y. Branch: St. Louis, Mo. . Samples of this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was found to consist of alcohol, glycerine, acetanilide, acetphenetidin, caffein, salol, and other

1 N. J. 181. Under the decision

PURE FOOD-34.

of the Supreme Court this case was wrongly decided. See § 405.

unidentified drugs, the amount of alcohol being only twothirds of that declared and the ratio of acetphenetidin to acetanilide being, approximately, 11 to 17, instead of 16 to 10, as declared. It was held that the product was misbranded.1

§ 443. Gin-Seng-Gin.

A drug was labeled as follows:

(Obverse)

"Gin-Seng-Gin Compound. Alcoholic strength thirty-seven and fifty one-hundredths percent vol. seventy-five deg. proof. With phosphate. "The Gin with a push.' Guaranteed under the National Pure Food and Drugs Act, June 30, 1906. Gin-Seng-Gin Co., Cincinnati, O."

(Reverse)

"The Gin with a push." Gin-Seng-Gin. The best Gin for fizzes, rickies and cocktails. We guarantee this preparation to be as pure as skill and science can make it. Free from tannin and sugar, and recommend it for certain forms of kidney and bladder troubles. Sold only in glass. Refilling prohibited, subject to prosecution."

The substance was not a gin, and the amount of phosphate was only 0.05, not justifying the use of the words "With Phosphate." Devices simulating and resembling Chinese characters and writing were used on the bottles, and this tended to deceive and mislead the purchaser into the belief that the product was of foreign manufacture or of Chinese origin, when in fact it was a domestic product. It was held that the product was misbranded.1

§ 444. Grippe Cure-Colds.

A statement that tablets are a sure cure for la grippe, colds, headaches, and all pains and fevers where a pleasant remedy is desired, which is false, subjects the medicine to condemnation.1

1 N. J. 780.

1 N. J. 327.

1 N. J. 707; N. J. 898; N. J.

965. These decisions are erroneous under a recent decision of the Supreme Court. See § 406.

§ 445. Hair Coloring.

On the carton of a bottle was the following:

"Greatest Discovery of an eminent French Chemist Specialist. A foremost member at the Laboratory of Scientific Researches. Approved by the faculty. The most marvelous scientific hair coloring produced. Superior to all instantaneous and progressive dyes. It will not fade nor turn green, being positively harmless, odorless and inoffensive. Not only harmless but beneficial, removing dandruff and prevents the hair from falling out. . . ." and in that the bottles containing the said drug product bore the following label:

"(Patent applied for) Registered No. 7204.

"An instantaneous vegetable hair coloring. By one single application will color gray, faded and bleached hair any shade, from ash blonde to most beautiful black. Removes dandruff and prevents the hair from falling out. Harmless and durable. Directions inside. Sold by all druggists and hair dealers. Endorsed by U. S. Health Board, New York. This dye can not be washed off or bleached out. Mrs. H. Guilmard. None genuine without my signature."

This statement of facts was false, in that it indicated that the product was a vegetable substance which would color the hair, when there was no vegetable substance in it that would color the hair. So the statement that it would remove dandruff and prevent the hair falling out was false. It was held that the bottles were mislabeled.1

§ 446. Hair Tonic.

A product was labeled "Lombardo's La Tosca Hair Tonic," and upon the label appeared the following; La Tosca Hair Tonic will eliminate any Scalp Disease, Dandruff, Itch, Headache and the falling of hair. It is advisable, while using La Tosca, to shampoo your scalp at least once a week. This contains pure Columbian spirit." These statements were false, and the article contained 98.5 percent of methyl alcohol, of which no statement was made on the label. To the charge of misbranding this product in this manner the manufac

1 N. J. 434. See N. J. 454. So far as the representations concern the curative effect of the medicine,

the statute does not cover it, and this decision is in that respect erroneous. See § 406.

turer pleaded guilty."" A product was labeled as follows, and it was adjudged adulterated: (On bottle) "Mrs. Gervaise Graham's Cactico Hair Grower. Will produce hair on bald Heads. Stops falling of the hair, keeps the scalp healthy." (Blown in side of bottle) "Mrs. Graham's preparations are pure and harmless. Mrs. Gervaise Graham, Beauty Doctor, Chicago and San Francisco." (On carton) "Mrs. Gervaise Graham, Catico Hair Grower, 5 percent alcohol, and manufacturer of celebrated cosmetics, Chicago, Illinois. For sale by all leading druggists." Samples from this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was found to contain alcohol 4.38 percent by weight and 5.58 percent by volume, borax 0.35 percent, glycerin 6.79 percent, water 88.48 percent, and capsicum present.2

§ 446a. Haarlem Oil Capsules.

The old

A product was labeled "Gold Medal Genuine Tilly Haarlem. Oil Capsules, for kidney, liver and bladder. est Tilly Haarlem Oil used for over 200 years. It contained alcoholic insoluble matter, nonvolatile material, sulphur, volatile oil, methyl salicylate, and oil of amber. cylate is not a normal ingredient of Haarlem oil; and so it was adjudged that the product was misbranded.1

§ 447. Headache Cure.

Methyl sali

A drug labeled a "cure for sick or nervous headache, neuralgia and sleeplessness" is misleading when it is not a cure for headache or neuralgia or sleeplessness, it not being able to remove the cause of such indispositions. To label a prod

1 N. J. 319.

2 N. J. 715. Under a decision of the Supreme Court drugs can not be condemned as in violation of the statute because of representations thereto placed on the label. § 406.

1 N. J. 987.

See

1 N. J. 709; N. J. 708; N. J. 707; N. J. 643; N. J. 633; N. J. 631; N. J. 630; N. J. 624; F. I. D. 233; N. J. 182; N. J. 568; N. J. 329; N. J. 986; N. J. 941; N. J. 931; N. J. 919; N. J. 908; N. J. 906; N. J. 965.