A similar device was the "Carbolic Smoke Ball", which became popular in England in the aftermath of the the 1889/90 Russian Flu pandemic in which about a million people died worldwide. This was a rubber ball filled with carbolic acid (phenol), with a tube attached that one stuck up one’s nose and then by squeezing the ball got a hefty dose of carbolic vapour. This, not surprisingly, made the eyes water and the nose run, ostensibly flushing out any viral infection.
The product was launched in November 1891 with advertisements in the
Pall Mall Gazette, which said that the Carbolic Smoke Ball Company would pay £100 to anyone who got sick with influenza after using the product according to the instructions provided with it.
What is important about the Carbolic Smoke Ball is that in January 1892, a Mrs Louisa Carlill of London also caught the flu despite having for several weeks previously been using the device every day. Since she had correctly followed the instructions and yet still became ill, Mrs Carlill demanded her £100, which was then of course quite a considerable sum of money. But the Carbolic Smoke Ball Company refused to pay up …. and so she took them to court.
The company (incidentally represented by a Mr H Asquith - later to become prime minister) lost the case but immediately appealed. However the Court of Appeal also unanimously rejected the company's arguments and held that there was a fully binding contract for £100. So Mrs Carlill got her money.
More importantly however the case now made it clear that misleading advertising was a criminal offence and so it finally put a stop to the common 19th century practice of making outrageous claims for quack remedies that were often useless or even hazardous. The Pharmaceutical Society in particular had been fighting an ongoing battle against quack remedies for many years, and had wanted specifically to get carbolic acid, then often treated as a universal panacea, onto the Poisons Register. It was thus a landmark case and forms part of the basis for modern contract law.
Following the ruling it was thought that there might be a rush of many thousands of similar claims, which would have certainly bankrupted the company, but in the event there were only two other successful claimants for their £100. The Carbolic Smoke Ball Company quickly turned this to their advantage. In a new advert first published on 25 February 1893 in the
Illustrated London News, they publically admitted to their earlier culpable advert and the legal ruling against them … but then cleverly said:
"Many thousand Carbolic Smoke Balls were sold on these advertisements, but only three people claimed the reward of £100, thus proving conclusively that this invaluable remedy will prevent and cure the above mentioned diseases. The CARBOLIC SMOKE BALL COMPANY LTD. now offer £200 REWARD to the person who purchases a Carbolic Smoke Ball and afterwards contracts any of the following diseases..."…. but this time in small print there followed some very restrictive and carefully-worded conditions to the offer.
However despite such aggressive advertising, carbolic acid was increasingly seen for what it was: a dangerously toxic and irritant poison. Faced with declining sales the Carbolic Smoke Ball Company was wound up in 1896. Carbolic acid was finally put on the Poisons Register in 1900, which effectively ended its previous widespread use in over the counter products.
Mrs Carlill did eventually succumb to influenza …. she died of the disease in 1942 at the ripe old age of 96.