586. Misbranding of PTewbro's Herpicide.   U. S. v. 96 Bottles of Newbro's Hcrpi-
cide and 48 Bottles of Newbro's Herpicide, Odorless.    Default decree of
condemnation and destruction.     (F. D. C. No.  3889.     Sample No.  34230-E.)
The labeling of this product bore false and misleading representations regard-
ing its efficacy in the treatment of dandruff, falling hair, and hair disorders, and
failed to bear the names of the active ingredients.
On February 27, 1941, the United States attorney for the District of New
Jersey filed a libel against 96 bottles of Newbro's Herpicide and 48 bottles of
Newbro's Herpicide, Odorless, at Jersey City, N. J., alleging that the article
had been shipped in interstate commerce on or about October 14, 1940, by the
Herpicide Co. from New York, N. Y.; and charging that it was misbranded.
Analyses showed that both types of the article consisted essentially of salicylic
acid, glycerin, water, alcohol, and small amounts of brucine and aromatics.
It was alleged to be misbranded in that the following statements and designs
appearing on the label were false and misleading since it would not be efficacious
for the purposes for which it was recommended. "Recommended for * * *
excess loss of hair * * * [3 line drawings of heads with little or no hair
labeled "Going! Herpicide may save it," "Going!! Herpicide may save it," and
"Gone!!! Too late for Herpicide"] * * * Destroy the cause you remove
the effect * * * Especially compounded for the Scientific Treatment of
Obstinate Dandruff-Falling Hair Scalp and Hair Disorders." It was alleged
to be misbranded further in that the label did not bear the common or usual
names of the active ingredients.
On July 18, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.