437. Misbranding of Syn-O-Scope and Synex.    "U. S. v. 9 Packages of Syn.-0-Scope
and 8 Bottles of Synex.     Default decrees of condemnation and destruc-
tion.     (F. D. C. Nos. 8551, 3552.    Sample Nos. 52531-E, 52582-E.)
Each package of the Syn-O-Scope consisted of a vaporizing apparatus and a
small unlabeled vial of liquid. The vaporizing apparatus would have been dan-
gerous to health when used according to directions, and the label also bore
false and misleading therapeutic claims. The vial of liquid and the bottles of
Synex also failed to comply with certain labeling requirements of the law.
On December 23 and on or about December 27, 1940, the United States attorney
for the Eastern District of Washington filed libels against the above-named
products at Spokane, Wash., alleging that the articles had been shipped on or
about August 24, 1940, by Syn-O-Scope Laboratories from Los Angeles, Calif.;
and charging that they were misbranded.
Analyses of samples of the liquid contained in each package of Syn-O-Scope
and of Synex showed that they consisted essentially of alcohol (19.5 percent by
volume), camphor, eucalyptus oil, and water.
The Syn-O-Scope was alleged to be misbranded: (1) In that it would be dan-
gerous to health when used in the dosage or with the frequency or duration pre-
scribed, recommended, or suggested in the labeling, namely, "Syn-O-Scope The
Modern and Scientific Instrument for the Application Of Medicaments To Irri-
tated And Congested Nasal Passages. Directions: Unscrew the cap where hose
is attached to Syn-O-Scope. Allow 15 to 20 drops of medicant to flow into the
sponge within the barrel. Replace cap. Then, merely place the tip in the nostril,
holding it in position by the hand. Grasp the mouthpiece between the lips and
blow. Use the amount of pressure suitable to your own case, but not too hard
at first. The harder you blow, the deeper the medicated vapor reaches into the
nasal cavities. Each day of active use add 3 to 5 drops of medicament to the
sponge." (2) In that the following statements, (carton) "Syn-O-Scope The
Modern Treatment For Nasal Irritations And Congestions," and (circular)
"Syn-O-Scope The Modern And Scientific Instrument For The Application of
Medicaments To Irritated And Congested Nasal Passages," were false and mis-
leading since they represented that it was efficacious for the purposes recom-
mended; whereas it was not efficacious for such purposes. (3) In that the car-
ton and vial containing the liquid did not bear the common or usual names of
the active ingredients, including the quantity of alcohol. (4) In that the vial
containing the liquid failed to bear a label containing the name and address of
the manufacturer, packer, or distributor. (5) In that the carton and vial con-
taining the liquid failed to bear a label containing ^ statement of the quantity
of contents.
The Synex was alleged to be misbranded in that the label failed to bear (1)
the common or usual names of the active ingredients; (2) the name and address
of the manufacturer, packer, or distributor; and (3) an accurate statement of
the quantity of contents.
On February 24, 1941, no claimant having appeared, judgments of condemna-
tion were entered and the products were ordered destroyed.