reason that the said remedy is not the only guaranteed cure for said diseases, or any of them; (6) the statement in said pamphlet, that "Lopez is a vegetable remedy and minerals" is misleading, in

positively contains no

.

asmuch as said remedy does contain minerals, to wit, 6.02 percent mineral substance; (7) the said article also contained alcohol, 27.40 percent; potassium iodide, 3.85 percent; also mandrake (podophyllum), sarsaparilla, stillingia, eucalyptus, and gentian, and the label thereof failed to state correctly the proportion of alcohol in said article; (8) the aforesaid pamphlet accompanying said article contained the following statement: "We not only guarantee to permanently cure Scrofula, Syphilis, Running Sores, Tubercular Glands, Erysipelas, Catarrh, Rheumatism, Stomach, Liver and Bladder affections, Gleet, Sexual weakness, Failing Memory, Weak Eyes, General Decline and Blood Poison, in every form, but further agree which statement was false and misleading in that the said article would not permanently cure consumption, rheumatism, or diseases of the stomach, liver and bladder, in general, or any or all of said diseases, nor could it be relied upon to cure the other diseases specified in said statement; (9) accompanying said article so shipped was a printed circular or leaflet containing the following statement: "Only 3 to 6 $5.00 16 Ounce Bottles of Lopez Specific is needed to cure Blood Poison (Syphilis), Scrofula (Running Sores), Malaria, Rheumatism, Paralysis, Early Consumption, Loss of Voice, Weak Eyes, Falling Hair, Sexual Weakness, General Decline, etc.," which statement was false and misleading, in that said article was not a cure for consumption, scrofula, syphilis and the other diseases specified therein, or any of them. Upon arraignment the defendant was adjudged not guilty, the court holding that no misrepresentation as to the curative or therapeutic qualities and properties of an article is a misbranding.1

§ 454. Make-Man Tablets.

Tablets were labeled "Make-Man Tablets." "A brain and 1 N. J. 816. But see now § 406.

nerve food; especially prepared for the treatment of dyspepsia, neuralgia, kidney and liver trouble, catarrh, consumption, locomotor ataxia, wasting diseases, nervous debility, female disorders and all kindred diseases resulting from worn out nervous system.' "Distinctly a tonic to build up the system and contains no poison." "Make-Man Tablets make blood, therefore any man that finds his health impaired, his vital force lacking as a result of overdoing, can replenish this lost power by timely use of Make-Man Tablets. Sold under absolute guaranty to restore lost vitality. A valuable discovery and a favorite prescription of a recognized practitioner. Makes the nerve cells strong because of supplying them with the right food.

A healthy and natural food for the nerves rather than a temporary stimulant like most advertised so-called aphrodisiacs." The tablets contained arsenic and strychnine, and this was not stated on the tablets. The statements concerning its being a specific for certain disorders were greatly exaggerated and misleading. It was not adapted to or suitable for the purpose of making blood or for the purpose of replenishing lost power in man or for the purpose of restoring lost vitality, and was not suitable for stimulating the system in the manner accomplished with so-called aphrodisiacs." It was held that the article was mislabeled.1

§ 455. Microbe Killer.

A substance labeled: "It is a positive and certain cure for all diseases and is guaranteed to be perfectly harmless; it will effect a cure in every instance if given a fair trial." "Cures by removing the cause-microbes." "Microbe Killer is perfectly harmless and can be taken in any quantity without danger." "Cures all diseases," which is false, is mislabeled.1

1 N. J. 201; N. J. 294; N. J. 891. These decisions can not stand under the recent decision of the Supreme Court. See § 406.

1 N. J. 623; N. J. 205; N. J. 907 (septicide). Under the recent decision of the Supreme Court these decisions can not stand. See § 406.

§ 456. Morphine-Opium.

"Many inquiries are received as to the method of stating the quantity or proportion of preparations (containing opium, morphine, etc.) used in the manufacture of other preparations. Of these the following are typical:

If the label on the bottle were to bear the words "Tincture of Opium," I reason that this is a definite preparation, constituting a preparation of opium, and so definite as to its composition that to any intelligent person it expresses definitely all that it is desirable to express, the use of this title alone should be sufficient. I feel that as a preparation it is distinct from opium, and if this particular tincture is used in the manufacture of a preparation the mention of it alone should be sufficient.'

'Where extract or tincture of cannibas indica, or extract of opium, is employed in making other drug products, would it not be complying with the law if the use of such articles be clearly indicated on the label as prescribed by the law, or is it necessary to give the actual amounts of the drugs themselves represented by these preparations?'

"Names of drug products bearing any of the names of the ingredients enumerated in the Act are construed as representing preparations' within the meaning of the Act; and if the same are clearly declared upon the label as required by Regulations 17 and 30, it will not be necessary to give the actual amount of the primary drugs used or represented by such article. It is desirable, however, that the word or words used in the law shall constitute the first part of the name of the product. For example: 'Opium, Tincture of;' 'Cannabis Indica, Extract of,' followed by the amount of tincture or extract used.'

§ 457. Mother's Friend.

Bottles were labeled as follows:

"Mother's Friend, for relief of the suffering incident to child-birth. The Bradfield Regulator Company, Sole Proprietors, Atlanta, Ga."

and on one side of the carton containing said bottles:

"This is one of the greatest comforts of those expecting to become confined. It is a remedy upon which confidence can be placed, one that will

1 F. I. D. 55.

assist in the safe and quick delivery, and that shortens the duration of labor. Such is Mother's Friend. Try it. It is a blessing to suffering women."

and on the other side of said carton:

"Mother's Friend has been used by hundreds of ladies throughout the country. It has been prescribed by many of our best physicians, and all pronounce it a success, giving relief from the dreadful pains and suffering of this trying time. Every woman expecting to become a mother should use it."

and in the literature accompanying said bottles:

"Morning sickness to allay and cure this much dreaded affection we confidently advise the free application of Mother's Friend. To young mothers we offer you not the stupor caused by chloroform with risk of death to yourself or your dearly loved and longed for baby but an agent which will if used as directed invariably alleviate in a most magical way the pains, horrors and risks of labor and often entirely do away with them, it leaves her much less liable to flooding, convulsions and other alarming symptoms which so frequently follow the birth. Naturally will such be the result of the continued use of Mother's Friend because it indirectly assists all the organs to more naturally perform their functions. Owing to faulty physical development, to errors in dress, in food and hygienic surroundings every woman is forced to suffer in some way for a longer or shorter time during her term. To prevent, alleviate or cure all the suffering as well as to rob labor itself of its horror and pain is the mission of Mother's Friend; Mother's Friend when used a few months before confinement causes an unusually easy and quick delivery."

The claims for the properties and powers of this drug were false; and it was held that it was misbranded.1

§ 458. Muco-Solvent.

A product was labeled as follows: "Muco-Solvent cures croup, whooping cough, diphtheria, all throat troubles and catarrhal disorders." This statement was unwarranted and untrue, and the court ordered the product destroyed.1

1 N. J. 203; N. J. 366; N. J. 636. Under the recent decision of the Supreme Court these decisions can not stand as the law. See § 406.

1 N. J. 54. Under the recent decision of the Supreme Court this decision can not stand. See § 406.

§ 458a. Peppermint.

A product was labeled "peppermint."

Dilute solutions

containing little or no oil of peppermint had been mixed with it. It was held to be misbranded.1

§ 459. Peroxide Cream.

A product was labeled as follows: (On bottle) "Brunner's Greaseless Peroxide Cream. An ideal bleach for the skin.

. Peroxide Specialty Co., Cincinnati, O.;" (on carton) "Brunner's Greaseless Peroxide Cream. An ideal bleach for the skin. . . Peroxide Specialty Co., sole distributors. Brunner's Peroxide Cream produces a rich, white skin and a complexion admirably fair. There is nothing more beneficial to the skin where blemishes or impurities exist than peroxide of hydrogen. Only the purest and best of this product is used in making Brunner's Peroxide Cream. Guaranteed by the Peroxide Specialty Co., under the Food and Drugs Act, June 30, 1906. Serial No. 8085. Peroxide Specialty Co., Cincinnati, O." Samples from this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, with the following results: Moisture and volatile matter at 100° C., 73.43 percent; ash 3.45 percent; borax, positive; glycerine, positive; spermaceti, positive; peroxides, negative. It was charged that the representations concerning this cream were false, and it was so adjudged, and the defendant held guilty. But it is not necessary to place the name "peroxide" on a label, even though contained in the substance labeled.2

A product was largely of ruellia.

1 N. J. 936.

§ 459a. Pink Root.

labeled "Pink Root," and it consisted Pink root is composed of the dry rhizome

1 N. J. 840; N. J. 965. So far as this decision is based upon the false representations of the cura