36. Misbranding of Pate-O-Graph.    U. S. v. 80 Packages and 6% Gross Packages
of   Pate-O-Graph.     Default   decrees   of   condemnation   and   destruction.
(E\ D. C. Nos. 100, 102.    Sample Nos. 44585-D, 52006-D.)
On November 17 and 29, 1938, the United States attorneys for the District
of Columbia and the District of New Jersey filed libels against 80 packages
of Pate-O-Graph at Washington, D. C, and 6^ gross packages of Pate-O-Graph
at Newark, N. J.; alleging that the former was in possession of Liggett's Drug
Store at Washington, D. C, and was being offered for sale in the District
of Columbia, and that the latter had been shipped in interstate commerce on
or about November 17, 1938, by H. W. Gillespie from Baltimore, Md.; and
charging that it was misbranded. The article was labeled in part: "Pate-
O-Graph, Tobin & Snell, Distributors, New York, N. Y."
The accessory medicament, labeled "Patol," consisted of approximately 80
percent of volatile oils (chiefly eucalyptus oil), a small proportion of an
ammonium compound and approximately 20 percent alcohol.
The device was alleged to be misbranded in that it was dangerous to health
when used with the frequency and duration prescribed, recommended, and
suggested in the labeling, which directed that after saturating the wick with
the medicament the vaporization chamber be placed to the nostril and the
mouthpiece placed between the lips; that the user blow, gently at first, gradu-
ally increasing the pressure; that to increase flow of vapor, the cap be un-
screwed a few turns; that the warmth of the breath vaporized the medica-
ment; that the act of blowing causes the soft palate to close; and that the
lung pressure enables one to force the warm medicated vapor into the nasal
passages. The labeling also bore a diagrammatic sketch illustrating the device
which bore the legend explaining that the lung pressure closes soft palate
forcing medication to nasal passages.
On December 23, 1938, and January 13, 1939, no claimant having appeared,
judgments of condemnation were entered and the product was ordered de-
stroyed.