3435. Misbranding of Tates Antiseptic Germicide.   U. S. v. 10 Cases   *   *   *.
(F. D. C. No. 29101.    Sample No. 35866-K.)
LIBEL FILED :   May 9,1950, District of Hawaii.
ALLEGED SHIPMENT : On or about January 4, 1950, by Tate Chemical Co., Inc.,
San Jose, Calif.
PRODUCT: 10 cases, each, containing 12 6-ounee bottles, of Tates Antiseptic
Germicide at Honolulu, T. H. Analysis showed that the product consisted
essentially of epsom salt, zinc sulfate, boric acid, a salicylate, water, and
acetone.
NATURE OF CHARGE: Misbranding, Section 502 (a), the following statements in
the labeling of the article, namely, in the leaflets wrapped around each bottle,
were false and misleading since the article was not an adequate and effective
treatment for the conditions stated and implied: "This product has been
found exceptionally efficacious in treatment of some of the most contagious skin
troubles and other ills. Among these we list those we claim this antiseptic-
germicide will rapidly and almost always permanently relieve: * * * bar-
ber's itch, blackheads, blood poison, burns, scalds, erysipelas, eczema, * * *
hives, itching scalp, itching piles, * * * old sores * * * acne,
ring worm,   shingles,  salt  rheum,  seven-year  itch,   doby  itch,  skin  scale
*?* *. It also has been used successfully in combating the distress of foul
smelling feet by remedying the cause. Burns and Scalds These are naturally
not caused by germs. Even the chemist that perfected this preparation is
unable to explain how it acts in relieving the pain caused by burns, scalds
*?* *. If applied immediately, it will prevent blistering * * * So many
human ailments are declared to be due to germs, that the discovery of a formula
that kills germs with such remarkable thoroughness, means a great deal to
humanity. The fact that germs or bacteria are regarded as the cause of almost
every known contagious disease or infection, makes it particularly gratifying
that this antiseptic-germicide was created after many years of intensive study,
experiment and tests by Dr. Tate."
DISPOSITION : April 3, 1951. Tate Chemical Co., Inc., having admitted the
allegations of the libel and consented to the entry of a decree, judgment of
condemnation was entered and the court ordered that the product be destroyed.