2572. Adulteration and misbranding of Neidig Chiro Antiseptic Powder. U. S.
v. Arthur M. Neidig (E. S. Neidig). Pleas of nolo contendere. Sen-
tence  suspended  and  defendant  placed  on  probation  for   3  years.
(F. D. C. No. 24264.   Sample No. 70169-H.)
INFORMATION FILED:   June 17, 1948, Middle District of Pennsylvania, against
Arthur M. Neidig, trading as E. S. Neidig at Sunbury, Pa.
ALLEGED SHIPMENT : On or about July 24, 1947, from the State of Pennsylvania
into the State of Michigan.
PRODUCT: Analysis disclosed that the product consisted of 30.5 percent of de-
hydrated sodium borate, 47.6 percent of anhydrous sodium carbonate, and 21.9
percent of water of crystallization, and that the product failed to exhibit either
inhibitory antiseptic, germicidal, or fungicidal properties.
NATURE OF CHARGE: Adulteration Section 501 (c), the strength of the article
differed from and its quality fell below that which it was represented to possess
since it was represented to be an antiseptic and it was not an antiseptic.
Misbranding, Section 502 (a), certain statements in the labeling of the
article were false and misleading since they represented and suggested that
the article was an antiseptic; that it would be efficacious in the cure, mitigation,
and treatment of coughs, sore throat, dyspepsia, indigestion, stomach troubles,
nasal catarrh, injuries and infections of the skin, psoriasis, hives, shingles,
cuts, scalds, burns, itch, ringworm, athlete's foot, bedsores, barber's itch,
erysipelas, eczema, dandruff, boils, abscesses, carbuncles, dangerous wounds by
splinters, firearms, and rusty nails, dog and snake bites, open sores, ulcers,
gastric ulcers, arthritis, rheumatism, infections of the alimentary canal, acid
indigestion, gastritis, intestinal catarrh, diarrhea, sugar diabetes, yellow
jaundice, colitis, convulsions, amoebic dysentery, gastrointestinal fermentation,
ptomaine poisoning, gall trouble, typhoid fever, inflamed eyes and sties, running
ear, nose bleed, infections of the mucous membranes, croup, hoarseness, hic-
coughs, tonsillitis, diphtheria, quinsy, tuberculosis, septic sore throat, colds,
tuberculosis of the lungs, asthma, bronchitis, bronchial catarrh, laryngitis,
influenza, pneumonia, hay fever, babies' troubles, sore mouth, irritations, sores,
fever, constipation, leucorrhea, piles, hemorrhoids, fistula, fissures, eating
cancers, appendicitis, disease of the prostate gland, pyorrhea, enlarged
adenoids, small goiters, sinus infection, proud flesh, astigmatism, cataract on
the eyes, blood poison, fibroid tumors, cancers, worms, lump in breast, cancer
of eye, cancer of rectum, sore foot, swollen throat, sore leg, chronic colitis,
high fever, vaginal ulcers, gangrene, diabetes, dropsy, scarlet fever, flooding
spells, bowel trouble, inward trouble, hemorrhages, itching of vagina, infection,
gallstones, kidney stones, tape worm, protruding piles, cyst, bleeding piles,
mastoids, cataracts, infected eye, discharge from ears, sore eyes, St. Vitus's
dance, prostate gland trouble, bloat, infected tonsils, toothache, blisters, flu,
upset stomach, cauliflower cancer, blood clot, adhesions, and cold on the chest;
that the article would be efficacious to sterilize the hands, face, and mouth, and
to destroy all bacteria and rid mucus of the germs it contains; that it could
be safely eaten and drunk; that it would act on disease the same as soap acts on
dirt; that it would be efficacious to destroy bacterial life, the cause of diseases
such as T. B.; that it would be efficacious to keep the vaginal tract healthy,
to destroy any infection from a mosquito bite to social disease, to prevent and
protect against disease and infections, to prevent pus formation and diptheria,
and to break up any sore throat overnight and any fever in one hour; and that
it would be efficacious to keep the blood stream pure.   The article was not an
antiseptic; it could not be safely eaten and drunk and it would not be efficacious
for the purposes represented.
DISPOSITION : January 12,1949. A plea of nolo contrendere having been entered,
the court suspended the imposition of sentence and placed the defendant on
probation for 5 years, conditioned that he discontinue all misbranding of the
article, seek the review and advice of the Food and Drug Administration, and
refrain from any label, labeling, or claims regarding the article which would
be contrary to the law, regulations, and opinions of the Food and Drug
Administration.