Seven Cases of Eckman's Alternative v. United States

Background

The United States brought two libel actions in December 1912 to condemn shipments of a product called “Eckman’s Alterative” as misbranded under § 8 of the Food & Drugs Act (as amended in 1912). The goods were shipped from Chicago to Omaha in their original packages and remained unsold. The labels and an inserted circular claimed the product treated many throat and lung conditions and asserted it “has cured” and “will cure” tuberculosis and was “effective as a preventative for Pneumonia.” The Eckman Manufacturing Company demurred, arguing the statute was unconstitutional and that the libels were insufficient; the demurrers were overruled, the company stood on them, and judgments of condemnation followed.

Reasoning

The Court considered whether the 1912 amendment—making false and fraudulent therapeutic claims on packages or in materials contained in packages a form of misbranding—was within Congress’s power over interstate commerce and sufficiently definite to satisfy due process. The Court held the amendment valid: Congress may regulate the carriage of fraudulent or injurious articles and may reach printed circulars contained inside packages. The phrase “false and fraudulent” was read to require proof of an intent to deceive, and the libels’ allegations that the cure claims were untrue and made with intent to deceive were sufficient to state the offense.

Real world impact

The decision affirms federal authority to stop interstate movement of drugs accompanied by deceptive cure claims and allows seizure or condemnation of such shipments. It treats printed claims inside packages as part of the marketed article and requires that allegations of fraud be specific enough to inform responders of the charge. Judgments against the shipper were affirmed.