184. Misbranding of electric vaporizers.    IT. S. v. 181 Packages of Kaz Electric
Vaporizers.    Consent decree of condemnation.    Product ordered released
under bond for relabeling.    (F. D. C. No. 1549.    Sample No. 33180-D.)
This product was an electric heating device for producing steam and a
bottle of a liquid labeled "Kaz For Colds," consisting essentially of oils
of eucalyptus, peppermint, wintergreen, and lavender together with menthol
and camphor dissolved in a mineral-oil base. Its labeling bore false and
misleading representations regarding its efficacy in the conditions indicated
below.
On February 29, 1940, the United States attorney for the Northern District
of Ohio filed a libel against 181 vaporizers at Cleveland, Ohio, alleging that the
article had been shipped in interstate commerce on or about November 25,
1939, by the Kaz Manufacturing Co. from New York, N. Y.; and charging
that it was misbranded.
The device was alleged to be misbranded in that its labeling bore repre-
sentations that it was efficacious and effective in the treatment of throat,
lung, and nasal congestions including croup, whooping cough, asthma, chest
colds, and similar complaints; that it would penetrate the sore, inflamed,
and congested membranes of the nose, throat, and chest and carry with it
the soothing, beneficial vapors of a scientifically prepared medication combined
in correct proportions to give instant relief; and that it would give quick
relief to throat and nasal congestions, which were false and misleading since
it was not efficacious for the purposes recommended.
On August 21, 1940, the Kaz Manufacturing Co., claimant, having admitted
the allegations of the libel, judgment of condemnation was entered and
the product was ordered released under bond on condition that it be relabeled
under the supervision of the Food and Drug Administration.