lead to Bright's disease. Pain in back, joints, bones, or rheumatism. It seldom fails to regulate a disordered liver. Kidney, liver, and bladder remedy. Swamp Root is compounded by Dr. Kilmer & Co., Binghamton, N. Y. Swamp Root contains 9 per cent pure grain alcohol. (On left side:) Kidney, liver, and bladder remedy. Swamp Root contains the active medicinal properties of swamp roots, field herbs, and healing balsams. Swamp Root is a purely vegetable compound and as such is perfectly harmless and does not create à desire or habit for opiates or stimulants. It is suited to all ages or the most delicate invalid or child. (On back:) Dr. Kilmer's Swamp Root kidney, liver, and bladder remedy. This remedy is recommended for acute and chronic diseases of the kidneys, liver, bladder, urinary organs, kidney complaint, and uric-acid troubles, which often lead to Bright's disease. It proves of great value in most cases that are diagnosed as irritation, inflammation, ulceration, or catarrh of bladder. Blood or mucus in urine, retention of urine, pain in urinating, frequent calls, highly colored urine, brick dust in urine, stoppage of urine, thick, sluggish, scanty urine. It is intended as a remedy for a run-down constitution, liver complaint, torpid liver, and biliousness. It will be found very beneficial in cases of debility. Swamp Root makes friends. Prepared only by Dr. Kilmer & Co., Binghamton, N. Y. This remedy is always kept up to its high standard of excellence. Price, 50 cents. Sold by all druggists. The above picture and printed matter on this size package of Swamp Root is now the same as the dollar size. Changed 1909. Trademark and copyright, 1881, 1894, 1906. By Dr. Kilmer & Co., Binghamton, N. Y. (On right side:) Invalids: The contents of this bottle is a pure medicine and contains more effectual doses than other remedies at the same price. The doses are very small when compared with the dose required in the use of many other remedies. In 100 drops of Swamp Root there are about 9 drops of pure grain alcohol. This small quantity of alcohol is used for the purpose of preserving the medicine from fermentation. It has always been our great aim and study in preparing our medicines to make them pure and reliable, so that the very best results will attend their use. Revised May 12, 1910. Dr. Kilmer & Co. UNITED STATES DEPARTMENT OF AGRICULTURE, BUREAU OF CHEMISTRY, Washington, D. C., November 26, 1909. Referred to the Division of Drugs for report. H. W. WILEY. UNITED STATES DEPARTMENT OF AGRICULTURE, BUREAU OF CHEMISTRY, OFFICE OF CHIEF INSPECTOR, Washington, D. C., November 24, 1909. The manufacturers were granted four weeks to obtain information from certain pharmacologists as to the effect of the ingredients contained in remedy in question, Kilmer's Swamp Root. On November 12, 1909, appeared W. M. Hough and A. B. Hays, counsel for Dr. Kilmer Co., Binghamton, N. Y. Mr. Hough stated that this task which had been set was impossible, i. e., evidence from certain pharmacologists as to the ingredients contained in the article, Swamp Root, and its therapeutic value. He further stated that he had had the product analyzed by a chemist, who had discovered certain ingredients not found by the department. Mr. Hough finally stated that he did not wish a continuance of this case, but he wished it disposed of; and that he had advised his clients to change the wording of the label, and that his clients are engaged in making such changes now; that, although the company believed they were justified in making the statements objected to, they would leave them off their new label. He further stated that he would submit the proof of the new cartons in the next 10 days. W. G. CAMPBELL, Chief Inspector. UNITED STATES DEPARTMENT OF AGRICULTURE, I. S. No. 21172-A. I recommend prosecution. H. W. WILEY. DECEMBER 1, 1909. • Prosecute. F. L. DUNLAP. DECEMBER 8, 1909. The record of this case shows that the manufacturers have in preparation new labels, and that proofs thereof will be submitted to the department, I recommended temporary abeyance, pending the receipt of the labels, and request reconsideration by the board. GEO, P. MCCABE. DECEMBER 9, 1909. Concur. F. L. D. DECEMBER 7, 1909. Mr. WARWICK M. HOUGH, Hibbs Building, Washington, D. C. DEAR SIR: We have at hand the recently revised "Swamp Root" carton, and in connection with the same desire to submit the following: 66 66 66 The The general configuration and arrangement of the label is misleading. The words Swamp Root," "Bright's disease," dropsy," and " gravel," and the phrases "catarrh of the bladder" and "it purifies the blood" stand out in bold, large type, thus presenting a deceptive feature over a large proportion of the label. The name itself " Swamp Root' is misleading. Attention is now called to the following representations upon the carton: Contains the active medicinal properties of swamp roots, field herbs, and healing balsams, possessing therapeutic properties in a very concentrated form." The analysis does not bear out this statement, but, on the contrary, shows that the medicinal properties of the drugs enumerated are present in a very diluted form. analysis further shows that the chief medicinal agent appears to be alcohol. It is claimed that the product is "The great kidney, liver, and bladder remedy," and, further, This great remedy is recommended for acute and chronic diseases of the kidneys, liver, bladder, urinary organ, and uric-acid troubles, which often lead to Bright's disease." Inasmuch as the article contains but very small quantities of any medicinal agents, the statements "This great remedy" and "The great * * remedy are deceptive. It is stated that the product "proves of great value in most cases diagnosed as gravel, stone in the bladder, gallstones, * * The use of this preparation would be virtually worthless for such diseases as gravel, stone in the bladder, gallstones, etc. The statement "It is considered the best remedy to build up a run-down constitution, for liver complaint, torpid liver, and biliousness," in view of the analysis, is unwarranted. The statement “It purifies the blood" is false, for the reason that in various diseased conditions of the blood the preparation would be of no value whatever. Further, the statement that the preparation is "beneficial in cases of enlargement of the prostate gland, seminal weakness, generative debility, and where malarial poison is in the system " is false, mis leading, and absolutely deceptive. The above are the main false, misleading, and deceptive features noted in connection with the carton submitted. Respectfully, * F. L. DUNLAP, Acting Chairman. [Memorandum for Mr. McCabe.] UNITED STATES DEPARTMENT OF AGRICULTURE, BUREAU OF CHEMISTRY, Washington, D. C., December 11, 1909. I believe the label to which you refer in your recommendation of December 8, 1909, is the one attached hereto. This label bears the statement, Revised 66 11-1-09." It was, at the request of Dr. Dunlap, submitted to Dr. Kebler for criticism, and there is attached, for your information, a copy of letter dated December 7, 1909, to Mr. Hough calling attention to defects in the label. J. G. SHIBLEY. CARTON. (On front:) Guaranteed by Dr. Kilmer & Co., under the food and drugs act, June 30, 1906. No. 666. (Photograph.), S. Andral Kilmer, M. D. Swamp Root for acute and chronic kidney, liver, bladder, and urinary disorders, which often lead to Bright's disease. Swelling of the feet, dropsy, pain in back, joints, bones, or rheumatism. It seldom fails to regulate a disordered liver and correct constipation. Kidney, liver, and bladder remedy. It is very beneficial in all skin diseases, including erysipelas, salt-rheum, old sores and ulcers caused by impure blood. Swamp Root is compounded by Dr. Kilmer & Co., Binghamton, N. Y. Swamp Root contains 9 per cent pure grain alcohol. (On left side:) Swamp Root, kidney, liver, and bladder remedy, contains the active medicinal properties of swamp roots, field herbs, and healing balsams, possessing therapeutic properties in a very concentrated form. Swamp Root is a purely vegetable compound and as such is perfectly harmless and does not create a desire or habit for opiates or stimulants. It is suited to all ages or most delicate invalid or child. (On right side:) Invalids. The contents of this bottle is a pure medicine, and contains more effectual doses than other remedies at the same price. The doses are very small when compared with the dose required in the use of many other remedies. In 100 drops of Swamp Root there are about 9 drops of pure grain alcohol. This small quantity of alcohol is used for the purpose of preserving the medicine from fermentation. It has always been our great aim and study in preparing our medicines to make them pure, specific, and concentrated, so that the very best results will attend their use. Revised November 1, 1909. Dr. Kilmer & Co. (On back:) Dr. Kilmer's Swamp Root, the great kidney, liver, and bladder remedy. This great remedy is recommended for acute and chronic diseases of the kidneys, liver, bladder, urinary organs, kidney complaint, and uric acid troubles, which often lead to Bright's disease. It proves of great value in most cases that are diagnosed as gravel, stone in bladder, gallstones, irritation, inflammation, ulceration, or catarrh of bladder, blood or mucus in urine, retention of urine, pain in urinating, frequent calls, highly colored urine, brick dust in urine, stoppage of urine, thick, sluggish, scanty urine. It is considered the best remedy to build up a run-down constitution, for liver complaint, torpid liver, and biliousness. Dropsy. It will be found very beneficial in cases of enlargement of the prostate gland, seminal weakness, generative debility, and where malarial poison is in the system. Gravel. It removes many of the causes producing nervousness, sleeplessness, headache, neuralgia, slime fever, inward heat and thirst, and helps when other remedies have failed. It purifies the blood. Prepared only by Dr. Kilmer & Co., Binghamton, N. Y. This remedy is always kept up to its high standard of excellence. Price, 50 cents. Sold by all druggists. The above picture and printed matter on this size package of Swamp Root is now the same as the dollar size-changed 1909. Trade-mark and copyright, 1881, 1894, 1906. By Dr. Kilmer & Co., Binghamton, N. Y. WASHINGTON, D. C., December 11, 1909. BOARD OF FOOD AND DRUG INSPECTION, Department of Agriculture, Washington, D. C. GENTLEMEN: Yours of December 7, per Acting Chairman F. L. Dunlap, in reference to "Swamp Root" received and noted. I beg that you will not make this another case of the wolf and the lamb. (See Æsop's Fables.) The carton of Swamp Root has been altered several times in the light of such information as its proprietors have been able to glean from the various general rulings which have heretofore been made by the board, as understood by them, and the last revision was in accordance with my suggestions after the first hearing before the board, at which time it was stated by Dr. Kebler, in reply to my inquiry as to whether there were any other objections than those set out in the notice, that there was not. I think it must be admitted that the revised carton meets all of the objections set out in the first notice, except as to the name. I will go over with my clients the objections you now make, which, however, do not appear to me to be sound, reasonable, or legal, with a view to seeing what additional changes may be made to meet the criticisms which you now submit. I will also present evidence by affidavit showing that the analysis upon which your conclusions are based is incorrect, but it will take me a longer time to secure the kind of evidence suggested by the board at its first meeting. As soon as the new carton is prepared I will also submit it to you WARWICK M. HOUGH. UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF AGRICULTURE, BUREAU OF CHEMISTRY, Washington, D. C., December 17, 1909. I attach hereto a letter from Mr. Warwick M. Hough, dated December 11, in the matter of a sample of Swamp Root, I. S. No. 21172-a. This should be put with the papers of the case which were sent you on December 11, 1909. H. W. WILEY, Chief. [Memorandum for Dr. Kebler.] UNITED STATES DEPARTMENT OF AGRICULTURE, BUREAU OF CHEMISTRY, Washington, D. C., January 4, 1910. Herewith I am sending you case I. S. No. 21172-a. This case has been recommended by the board for prosecution and is sent to you for check analysis if you deem this desirable and for any comment you may care to make with regard to the analyst witness who should appear in court. Please return the case to Mr. Shibley at as early a date as practicable. H. W. WILEY, Chief. [Memorandum for Dr. Wiley.] UNITED STATES DEPARTMENT OF AGRICULTURE, I am herewith returning case No. 21172-a, Swamp Root. I do not think a check analysis necessary in this case. in court is Mr. Henry C. Fuller. The analyst witness who should appear Respectfully, L. F. KEBLER. [Memorandum for the Solicitor.] UNITED STATES DEPARTMENT OF AGRICULTURE, I am transmitting herewith case I. S. No. 21172-a. This case has been recommended by the board for prosecution, and is sent to you to be prepared for reference by the Secretary of Agriculture to the Attorney General. H. W. WILEY, Chairman. [Memorandum for Dr. Dunlap.] OFFICE OF THE SOLICITOR, March 26, 1910. I inclose herewith an amended carton for Swamp Root which was left with me by Mr. A. B. Hayes, attorney for Dr. Kilmer & Co., with the request that the amended carton be submitted to the Chief of the Drug Division for his comment. If it should happen that the Chief of the Drug Division objects to the carton in its present shape, please see that he gives his objections specifically and the reasons therefor. The carton seems to be a great improvement on the one in use. I think we should dispose of this matter as soon as possible as I have been holding for a long time the case against the Swamp Root Co., waiting for the drug division to adjudicate this matter. Respectfully, [Memorandum for Dr. Wiley.] G. P. M., Solicitor. UNITED STATES DEPARTMENT OF AGRICULTURE, I am herewith referring to you for an expression of opinion an amended carton for Swamp Root, together with a memorandum relative thereto from the Solicitor. Please return all papers with your memorandum at the earliest possible date. Respectfully, F. L. DUNLAP. [Memorandum for Dr. Wiley.] UNITED STATES DEPARTMENT OF AGRICULTURE, I have just received your note, together with memorandum from the Solicitor, and revised carton of Swamp Root bearing revision date February 23, 1910. He submits the carton for comment to the Chief of the Drug Division. Before doing this, however, I desire to call your attention to the latter part of the last sentence, namely: "I think we should dispose of this matter as soon as possible, as I have been holding for a long time the case against the Swamp Root Co., waiting for the Drug Division to adjudicate this matter." This case was placed in the hands of the board May 7, 1909, nearly a year ago. The Drug Division has been ready from that time on to appear in court against what I consider one of the most glaring frauds at present on the market. This case has not been detained a moment by the Drug Division from the time it was placed in the hands of the board. This is the second or third revised carton that has been brought to my attention for criticism since the original case was transmitted. The first one was submitted by the Solicitor, the second, probably the same as above, by the attorney for the company, Mr. Hayes, in person, and the third now by the Solicitor again. In my opinion the revision of 13287-XVII-11- -3 |