1260. Adulteration and misbranding of Pep-O-Sol Tablets, and misbranding of
Vital-X Spray. U. S. v. Clarence A. Near (Near Chemical Co.). Plea of
grnllty.    Fine, $100.    (F. D. C. No. 11423.    Sample Nos. 8169-F, 8170-F.)
On July 10, 1944, the United States attorney for the District of Minnesota
filed an information against Clarence A. Near, trading as the Near Chemical Co.,
Minneapolis, Minn., alleging shipment of quantities of the above-named products
from the State of Minnesota into the State of Wisconsin on or about June 5 and
July 19, 1943.
660030-45?2
Analysis of the Pep-O-Sol Tablets disclosed that the article contained
oxyquinoline sulfate, boric acid, and a sugar, and, when diluted as recommended,
was devoid of antiseptic properties. The article was alleged to be adulterated
in that its strength differed from and its quality fell below that which it pur-
ported and was represented to possess, since it was represented to be an antiseptic
whereas it was not an antiseptic within the meaning of the law in that it was
not a germicide when used in the dilutions recommended in its labeling, and it
did not purport to be and was not represented as an antiseptic for inhibitory
use as a wet dressing, ointment, dusting powder, or such other use as involves
prolonged contact with the body. It was alleged to be misbranded because of
false and misleading statements in an accompanying circular entitled "Near's
Stockmen News," which represented and suggested thai the article, when used
as directed in the drinking water of baby chicks, growing birds, turkeys, and
laying flocks, and other livestock, would make the drinking water antiseptic;
that the article was a powerful antiseptic; that it would increase pep in poultry,
give chicks improved health, cause faster growth, greater vitality, and quicker
development; that its use would obviate danger of infection; that it would
control disease germs and protect chicks from disease; and that it would be
efficacious to keep the intestinal tract clear of infection, aid digestion, and
furnish blood-building elements that are necessary for health and vitality.
Analysis of the Vital-X Spray disclosed that it consisted essentially of
eucalyptol, camphor, menthol, creosote, turpentine, chloroform, a phenolic sub-
stance such as guaiacol, and a saponifiable oil. The article was alleged to be
misbranded (1) because of false and misleading statements in the circular ac-
companying the article, which represented and suggested that it would be
efficacious in the cure, mitigation, treatment, or prevention of roup, colds, flu,
gapes, bronchitis, and pneumonia in fowls; (2) in that its label failed to bear
a statement containing the name of any of the ingredients of the article;
and (3) in that its labeling failed to bear any directions for use.
On July 10,1944, the defendant entered a plea of guilty, and the court imposed
a fine of $100.