5213. Misbranding   of  " Dr.   O.  Fnelps   Brown's   Herbal   Ointment."     If.   S.?
*     *     *    v. The Kells Co., a corporation.    Plea of Guilty.    Fine, ^50.
(F. & D. No. 7582.    I. S. No. 4633-1.)
On November 28, 1916. the United States attorney for the Southern District?
of New York, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district an information against?
the Sells Co., a corporation, New York, N. Y., alleging shipment by said com??
pany, in violation of the Food and Drugs Act, as amended, on January 4, 1916,?
from the State of New York into the State of Maryland, of a quantity of an?
article labeled in part, "Dr. O. Phelps Brown's Herbal Ointment," which was?
misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed that this product consisted essentially of petrolatum and 0.77?
per cent of salicylic acid.
It was charged in substance in the information that the article was mis-?
branded for the reason that certain statements, appearing on its label, falsely?
and fraudulently represented it as a remedy for pulmonary complaints, severe?
pains in the stomach, spinal diseases, affections of the heart and liver, neu??
ralgia, glandular swellings, sore throat, sharp pains in the chest, croup,?
pleurisy, quinsy, earache, ear ulcers, sprains, tumors, mumps, white swellings,?
heart palpitation, scrofula, piles, and fistula, when, in truth and in fact, it?
was not.
On December 7, 1916, the defendant company entered a plea of guilty to the?
information, and the court imposed a fine of $50.
CARL VEOOMAN, Acting Secretary of Agriculture.
244	
BUBEATT  OF  CHEMISTRY.	
[ Supplement 35.