2966. Misbranding of Miracle Oil and Miracle Inhalers.   U. S. v. Irving Gart-
man (Sandy Sales Co.).  Plea of guilty.   Fine, $300.   (F. D. C. No. 26735.
Sample No. 44341-K.)
INFORMATION FILED: September 16, 1949, Southern District of Ohio, against
Irving Gartman, trading as the Sandy Sales Co., Columbus, Ohio.
INTERSTATE SHIPMENT: Between the approximate dates of November 18, 1948,
and January 7,1949, from New York, N. Y., to Columbus, Ohio.
LABEL, IN PAKT: (Bottles) "Miracle A combination of Oil of Miracle, Oil of
Eucalyptus, Oil of camphor, menthol, Oil of peppermint, thymol * * *
Distributors Sandy Sales Co. * * * Cleveland 20, Ohio"; (inhalers)
"Miracle Inhaler."
ALLEGED VIOLATION : On or about January 14, 1949, while the Miracle Oil and
the Miracle Inhalers were being held for sale after shipment in interstate com-
merce, the defendant caused various posters to accompany the articles, which
acts of the defendant resulted in the articles being misbranded,
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the
posters were false and misleading. The statements represented and suggested
that the Miracle Oil and the Miracle Inhaler in combination with each other
would be efficacious in the cure, mitigation, and treatment of head colds, hay
fever, arthritis, earache, sinus trouble, rose fever, neuritis, chest colds, asthma,
rheumatism, sprains, lumbago, catarrh, bronchitis, swollen joints, sciatica,
and bursitis; that the articles would be efficacious in the cure, mitigation,
and treatment of pulmonary tuberculosis and mierobic diseases of the lungs
and bronchial tubes, affections of the nose, rhinitis, tonsillitis, laryngitis,
lobar pneumonia, broncho-pneumonia, empyema, otitis media, mastoiditis,
adenoids, pharyngitis, adenitis, pleurisy and myositis (inflammation of the
muscles) ; and that the articles would be efficacious to prevent malarial fever.
The articles would not be efficacious for such purposes.
DISPOSITION: December 16, 1949. A plea of guilty having been entered, the
court imposed a fine of $300.