1275. Misbranding of Sinn-Vita Emulsion, Sinn-Vita No. 1, Sinn-Vita Inhalant, and Sinn-Vita No. 2. U. S. v. Herman D. Seekamp (Sinn-Vita Co.). Plea of nolo contendere. Fine, $100. (F. D. C. No. 11389. Sample Nos. 32017-F to 32020-F, incl.) On May 15,1944, the United States attorney for the Eastern District of Missouri filed an information against Herman D. Seekamp, trading as the Sinu-Vita Co., St. Louis, Mo., alleging shipment of a quantity1 of the above-named products on or about February 19,1943, from the State of Missouri into the State of Indiana. Analysis of a sample of the Sinu-Vita Emulsion showed that it consisted of a?v dark brown, turbid liquid containing water, unidentified dextrins and sugars, small amounts of volatile oils including peppermint and eucalyptus, and wood creosote. The article was alleged to be misbranded (1) because of false and misleading statements on its label which represented and suggested that it would be efficacious in the cure and treatment of pneumonia, flu, and similar conditions, germ diseases, whooping cough, deep-seated coughs, tuberculosis, bronchitis, sore throat, and malaria; and (2) because of false and misleading statements in blue and buff circulars accompanying the article which represented and suggested that, when used alone or in conjunction with "Sinu-Vita Inhalant," it would be efficaci- ous in the treatment and prevention of pneumonia, tuberculosis, and bronchitis, infection of the lungs or other area, head colds, cuts, burns, dark circles under the eyes, sunken cheeks, sallow complexion, rose and hay fever, tuberculosis of the throat and bones, large red blotches on the legs, tuberculous blotches, difficult breathing, daily elevation of temperature, lost strength, lost weight, pulmonary?_ . tuberculosis, and sinus infection; and that it would be efficacious to destroy ( tubercle bacilli; and to cause the diseased tissue to separate from the healthy tissue so that it could be coughed up and cause the lung to heal. Analysis mis- branded (1) because of false and misleading representations on, its label regarding its efficacy in the treatment of sinus headaches, head colds, and sore throat; and (2) because of false and misleading representations in pink, blue, and buff circu- lars, and in an order blank, regarding the efficacy of the article in the treatment of failing eyesight, pleurisy, sinus infection, affections of the nose and throat, pul- monary tuberculosis, infection of the lungs or other area, lost strength, lost weight, head colds, cuts, burns, dark circles under the eyes, sunken cheeks, sallow complexion, rose and hay fever, tuberculosis of the throat and bones, red blotches on the legs, tuberculous blotches, difficult breathing, and daily elevation of tem- perature; and representations that it would be efficacious to destroy tubercle bacilli, and to cause diseased tissue to separate from healthy tissue so that it could be coughed up and cause the lung to heal. Analysis of the Sinu-Vita Inhalant disclosed that it consisted of a green, clear liquid containing, chiefly, a saponifiable fixed oil and small amounts of eucalyptus, sassafras, lavender, peppermint, and turpentine oils, a small amount of a phenolic material resembling wood creosote, and a minute amount of undissolved sodium sulfate. It was alleged to be misbranded because of false and misleading state- ments appearing in its labeling which represented and suggested that it would be .efficacious in the cure, mitigation, treatment, or prevention of sinus headache, head colds, sore throat, tuberculosis, bronchitis, affection of the lungs, pleurisy, sinus disease, pneumonia, affection of the bronchi and lungs, infection of the lungs or other area, cuts, burns, dark circles under the eyes, sunken cheeks, sallow com- plexion, rose and hay fever, tuberculosis of the throat and bones, large red blotches on the legs, tuberculous blotches, difficult breathing, daily elevation of temperature, lost strength, lost weight, pulmonary tuberculosis, and sinus infec- tions ; and that it would be efficacious to destroy tubercle bacilli, and to cause the diseased tissue to separate from the healthy tissue so that it could be coughed up and cause the lung to heal. Examination of Sinu-Vita No. 2 disclosed that it consisted of a small bottle and a small tin box. Analysis of the contents of the bottle showed that it consisted essentially of small proportions of volatile oils including oil of peppermint, oil of eucalyptus, oil of sassafras, oil of lavender, and turpentine, incorporated in a fixed oil and colored green. Analysis of the contents of the tin box showed that it was a semi-solid containing small proportions of volatile oils, including oil of eucalyptus and oil of peppermint, in a minute amount of ammonium alum incorporated in a petrolatum base. The article was alleged to be, misbranded because of false and misleading statements in its labeling which Represented and suggested that it would be efficacious in the cure, mitigation, treatment, or prevention of hay fever, rose fever, sinus disease infection of the lungs or other area, head colds, cuts, burns, dark circles under the eyes, sunken cheeks, sa,llow complexion, tuberculosis of the throat and bones, large red blotches on the legs, tuberculous blotches, diffi- cult breathing, daily elevation of temperature, lost strength, lost weight, pul- monary tuberculosis, and sinus infections; that it would be efficacious to destroy tubercle bacilli, and to cause the diseased tissue to separate from the healthy tissue so that it could be coughed up and cause the lung to heal; and that it would restore action of nasal cilia to a normal and healthy condition and lessen the chances of complicating hay fever with bronchial asthma. All products were alleged to be misbranded further in that the name "Sinu-Vita" created the misleading impression that the articles were effective treatments for sinus diseases. Certain of the products were alleged to be misbranded further because the accompanying labeling contained false and misleading claims regard- ing other products, because the labels failed to bear a statement of the quantity of the contents, and because they failed to bear a statement of the common or usual name of each active ingredient, and the name and place of business of the manufacturer, packer, or distributor. On May 23, 1944, the defendant having entered a plea of nolo contendere, the court imposed a fine of $25 on each of the 4 counts.