178. Misbranding- of Hill's Nose Drops. TJ. S. v. 35 Packages of Hill's Nose Drops.
Consent decree of condemnation and destruction. (F. D. C. No. 1744.
Sample No. 618-E.)
This product was labeled with false and misleading representations regarding
its efficacy in the conditions indicated below, and it occupied less than 24 per-
cent of the capacity of the packages in which it was packed.
On April 3, 1940, the United States attorney for the Northern District of
Georgia filed a libel against 35 packages of Hill's Nose Drops at Atlanta, Ga.,
alleging that the article had been shipped in interstate commerce on or about
March 1, 1940, by the Anacin Co. (Wyeth Chemical Co., distributors, Jersey
City, N. J.) from Jersey City, N. J.; and charging that it was misbranded.
Misbranding was alleged in that the labeling bore representations that it
was efficacious for the quick relief of simple or nasal catarrh and that it would
bring prompt relief in cases of tightness in the throat, which were false and
misleading since the article was, not efficacious for the purposes so recommended.
It was alleged to be misbranded further in that the containers were so made,
formed, or filled as to be misleading.
On May 21, 1940, the Wyeth Chemical Co., respondent, having alleged own-
ership and having admitted the allegations of the libel and consented to the
entry of a decree, judgment of condemnation was entered and the product was
ordered destroyed.