96. Misbranding; of Booth's Mentholated Cough Drops, Cough and Cold Remedy,
La Grippe & Cold Tablets, Liniment, and Liver Fills; and adulteration
and misbranding: of Booth's Camphorated Oil and Carbolic Salve. V. S. v.
1,128 Boxes of Mentholated Cough Drops, et al. Default decree of con-
demnation and destruction. (F. D. C. Nos. 466 to 473, incl. Sample Nos.
63819-D to 53826-D, incl.)
The labeling of these products bore false and misleading representations re-
garding their medicinal properties as shown hereinafter. The Camphorated
Oil did not conform to the standard prescribed for such product in the United
States Pharmacopoeia, and the carbolic salve contained a smaller proportion
of carbolic acid than that declared on the label. The liniment contained
alcohol, which was not declared on the label.
On August 23, 1939, the United States attorney for the Western District of
Michigan filed a libel against 1,128 boxes of mentholated cough drops, 168
bottles of camphorated oil, 114 bottles of cough and cold remedy, 264 boxes of
la grippe and cold tablets, 426 tins of carbolic salve, 80 bottles of liniment, and
108 packages of liver pills at Harbor Springs, Mich., consigned by J. F. Booth,
alleging that the articles had been shipped in Interstate commerce on or about
March 13 and June 21, 1939, from Springfield, HI,; and charging that they
were misbranded and that the camphorated oil and carbolic salve were also
adulterated.
Analyses showed that the Mentholated Cough Drops were sugar lozenges
flavored with menthol. The article was alleged to be misbranded in that
statements in the labeling representing that one of the drops put into the
mouth before going to bed would cause the patient to enjoy a comfortable
night's sleep; that it was excellent for coughs, colds, hoarseness, etc.; that
persons troubled with coughs, hoarseness, sore throat, etc., would find im-
mediate relief by using the product, were false and misleading as applied to
sugar lozenges flavored with menthol.
Analyses showed that one shipment of the Camphorated Oil contained not
more than 12.6 percent of camphor and that the other shipment contained not
more than 9.8 percent of camphor. It was -alleged to be adulterated in that it
was represented as a drug, the name of which is recognized in the United States
Pharmacopoeia but its strength differed from the standard set forth in that
compendium since the pharmacopoeia provides that camphorated oil shall contain
not less than 19 percent of camphor. It was alleged to be misbranded in that
the representations in the labeling of one lot that it was efficacious as an anodyne
embrocation in rheumatic affection of the joints, and in the labeling of the second
lot that it was useful in rheumatism, pains, and swellings of the breasts or joints
and in colds on the chest, were false and misleading in that the article was not
efficacious for the purposes recommended.
Analyses of the Cough and Cold Remedy showed that it consisted essentially
of small proportions of extracts of plant material, ammonium chloride, and men-
thol, and sugar, alcohol and water. It was alleged to^t>e misbranded in that
statements in the labeling representing that it was a cough and cold remedy and
was efficacious for recent chronic coughs, consumption, hoarseness, bronchitis,
loss of voice and all inflamed conditions of the lungs and bronchial tubes, were
false and misleading, since the article was not efficacious for the purposes
recommended.
Analyses showed that the La Grippe & Cold Tablets contained acetanilid
(1 gram per tablet), a small proportion of salol, a quinone compound, a bromide,
1 Sec also N. J. Nos. 80, 85, 00, and 95.
branded in that statements in the labeling representing that it was the best
remedy for la grippe and was efficacious to arouse the liver and the secretions
to perfect action, were false and misleading since it was not efficacious for the
purposes recommended.
Analyses of the Carbolic Salve showed that it contained 2.9 percent of carbolic
acid. It was alleged to be adulterated in that its strength differed from that
which it purported or was represented to possess since it was labeled "Contains
5? Carbolic Acid." It was alleged to be misbranded in that representations
in the labeling that it was efficacious for ulcers, salt rheum, tetter, boils, piles,
felons, etc., sores, and cold sores, were false and misleading since it was not
efficacious for such purposes.
Analyses of the Liniment showed that it consisted essentially of volatile oils
(including oil of peppermint, oil of mustard, and methyl salicylate), alcohol
(36.1 percent by volume), and chloroform (10.8 percent). It was alleged to be
misbranded in that statements in the labeling representing that it was efficacious
in rheumatism, gout, lameness, weak joints, backache, sore lungs, etc., that it
was efficacious in removing pain and taking out inflammation and could not be
beaten for chronic rheumatism, were false and misleading since the article was
not efficacious for the purposes recommended. It was alleged to be misbranded
further in that its label failed to bear a declaration of the quantity, kind, and
proportion of alcohol that it contained.
_Analyses of the Liver Pills showed that they contained extracts of plant drugs
including capsicum, nux vomica, and a laxative drug. The article was alleged
to be misbranded in that statements in the labeling representing that it was
efficacious for headache, dizziness, torpid liver, biliousness, dyspepsia, etc., were
false and misleading since it was not efficacious for the purposes recommended.
On September 8, 1939, Jacob F. Booth, Harbor Springs, Mich., having author-
ized and requested that the products be destroyed, judgment of condemnation and
destruction was entered.