612. Misbranding of Ches-O-Kol.    TJ. S. v. 199 Pounds of a Drug and 16 Dozen
Packages   of  the   same   drug  labeled   "Ches-O-Kol."     Default   decree  of
condemnation and destruction.     (F. D. C. No. 4896.    Sample No. 37049-E.)
The drum in which this product was shipped failed to bear adequate directions
for use and a statement of the common or usual name of the active ingredients.
A portion had been repackaged in jars and cartons which bore on the labels false
and misleading curative and therapeutic claims.
On June 24, 1941, the United States attorney for the Western District of
South Carolina filed a libel against a drum containing 199 pounds and 16 dozen
packages of Ches-O-Kol at Spartanburg, S. C, alleging that the article originally
had been shipped on or about January 21, 1941, by the William A. Webster Co.
from Memphis, Tenn., and that a portion (16 dozen packages) had been repack-
aged in 1?-ounce bottles and was in possession of the Ches-O-Kol Co., Spartan-
burg, S. C.; and charging that both lots were misbranded.
Analysis showed that the article consisted essentially of camphor, menthol,
eucalyptol, and turpentine in.a petrolatum base.
The article in the original drum was alleged to he misbranded in that its
labeling did not bear adequate directions for use, since there were no directions
for use on the drum; and in that it had been fabricated from two or more
ingredients and its label did not bear the common or usual name of each active
ingredient. The repackaged product was alleged to be misbranded. in that state-
ments in the labeling which represented that it would be efficacious in the treat-
ment of chest colds, head colds, sore throat, croup due to colds, pneumonia,
rheumatism, all skin diseases, dry, tickling coughs, sinus trouble, hay fever, flu,
and that it would penetrate and relieve congestion, were false and misleading
since it would not be efficacious for such purposes.
On August 7, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.