F. & D. No. 2028.
I. S. No. 1129-c.	
Issued March 15, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 777, FOOD AND DRUGS ACT.
MISBRANDING} OF A DRUG PRODUCT?" BRANT'S SOOTHING BALM."
On or about July 18, 1910, the J. W. Brant Company, Limited, a?
corporation, Albion, Mich., shipped from the State of Michigan to the?
State of Pennsylvania a quantity of a drug product labeled: (On?
carton) " Brant's Soothing Balm. Contains 98 per cent alcohol.?
For all pain internal and external. 25 cents. For Colds, Coughs,?
Diptheria, Sore Throat, Pain in the Stomach, Head, Back and Limbs.?
Also for Colic in Horses. See directions." (In German) Cures?
colds, coughs, diphtheria, rheumatism, pains in the stomach, intes??
tines, &c. (Directions in German on the inside) " No. 916. Guar??
anteed under the Food and Drugs Act, June 30, 1906. The J. W.?
Brant Co., Ltd., Albion, Mich. All the genuine are signed, J. W.?
Brant, Albion, Mich. [Entered according to Act of Congress in the?
year of our Lord 1873, by J. W. Brant of Hillsdale, Mich., in the?
Office of the Librarian of Congress, at Washington.] Good for Colic,?
Bowel Complaints, Weak Stomach, Painters' Colic, Cholera, Cramps,?
Dysentery, Neuralgia, Tooth and Ear Ache, Scalds, Bruises and?
Sprains"; (On bottle) "Brant's Soothing Balm! Contains 98 per?
cent alcohol. Taken internally or applied externally, for all pain,?
giving instant relief. Rheumatism, Neuralgia, and all external pain,?
quickly relieved if apply flannel saturated with Balm, or bathe and?
rub well as case may require. To break a cold quickly, for Dyspep??
sia, Sour Stomach, Internal Pain, Diarrhea, Fever and Ague, etc.,?
take a teaspoonful of Balm in sweetened water, from 3 to 6 times a?
day; less quantity for children. Diphtheria or Canker, take inter??
nally?bathe and gargle throat at bedtime. See full directions with?
bottle;" (blown in bottle) "The J. W. Brant Co., Brant's Soothing?
Balm, Albion, Mich." Samples of this product were procured and?
analyzed by the Bureau of Chemistry, United States Department of?
Agriculture, and the product was found to be an alcoholic solution of?
camphor, oleo-resin of capsicum, a trace of sassafras oil, and water,?
with the proportion of alcohol in the product incorrectly stated. As?
the findings of the analyst and report made showed that the product?
was misbranded within the meaning of the Food and Drugs Act of
81732??No. 777?11
June 30, 1906, the Secretary of Agriculture afforded the said J. W.?
Brant Company, Limited, and the party from whom the samples?
were procured opportunities for hearings. As it appeared after?
hearings held that the shipment was made in violation of the act, the?
Secretary of Agriculture reported the facts to the Attorney-General,?
with a statement of the evidence upon which to base a prosecution.
On December 23, 1910, a criminal information was filed in the?
District Court of the United States for the Eastern District of Michi??
gan against the said J. W. Brant Company, Limited, charging the?
above shipment, and alleging that the product so shipped was mis-?
branded in that the product was an alcoholic solution of camphor,?
oleo-resin of capsicum, with a trace of sassafras oil, and water, and?
that the alcohol present in said product was incorrectly stated; in?
that the statements " taken internally or applied externally for all?
pain, giving instant relief," and " Rheumatism, neuralgia, and all?
external pain quickly relieved " borne on the above label, are false?
and misleading because said statements deceive the purchaser into?
the belief that the preparation will alleviate all and every internal?
pain, when applied to the human bod}/', whereas in truth and in fact?
said preparation possesses no power to alleviate all and every internal?
and external pain incident to the human body; in that the words?
" Cures colds, coughs, diphtheria, rheumatism, pains in stomach,?
intestines
 etc." borne on the carton
 are false and misleading, because?
said words deceive the purchaser into the belief that said preparation?
possesses great efficacy as a remedy or a cure for the diseases and?
ailments mentioned in said statement, when in truth and in fact said?
preparation does not possess sufficient medicinal properties, and is?
not of sufficient curative value to effect a cure or act as an efficient?
remedy for said diseases above mentioned.
On December 27, 1910, the defendant appeared, by its general man??
ager and chairman, and filed a plea of nolo contendere, whereupon the?
court imposed a fine of $10.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
W.  M.  HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, February 16, 1911.
Ill