9143. Misbranding of Gray's Invaluable Ointment. IT. S. *** v. 24 
Boxes * * * of Gray's Invaluable Ointment. Product ordered 
released on bond and cause dismissed. (F. & D. No. 11299. I. S. No. 
0117-r.    S. No. C-1483.)
On September 25, 1919, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 24 boxes, more or less, of Gray's Invaluable Ointment, at 
Chicago, Ill., alleging that the article had been shipped on August 8, 1919, by 
W. F. Gray & Co., Nashville, Tenn., and transported from the State of Ten- 
nessee into the State of Illinois, and charging misbranding in violation of the 
Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that it consisted essentially of a saponifiable fat, linseed 
oil, beeswax, turpentine, and lead acetate and oxid.
It was alleged in substance in the libel that the article was misbranded for 
the reason that the following statements regarding the curative or therapeutic 
effect thereof, appearing upon the carton containing the article and in the cir- 
cular accompanying it, to wit, (carton) "* * * For Burns, Scalds, Rheuma- 
tism, Tie-Doloreux, Poisonous Bites of Spiders, * * * or from having come 
in contact with Poisonous Plants; Broken Breasts, Sore Nipples and Car- 
buncles,    *    *    *    Fistula    *    *    *    Injured   Spine,   Swellings  of  all  kinds,
* * * Sore Throat, * * *," (circular) "For the relief of * * * 
Ulcers of long or short standing; * *' * Scrofulous and other Tumors, 
including White Swellings,    *    *    *¦   Old or Fresh Wounds, Gunshot Wounds,
* * '* Swellings and inflammations of all kinds; Rheumatic and other 
Pains; * * * Scald Head, Tetter on the head or any other part of the 
body; * * * Carbuncles, Cancerous Affections, Gangrene, Eruptions of all 
kinds; * * * Dog, Snake, Spider, and other Poisonous Bites; Broken 
Breasts, Sore Nipples, * * *¦ Injured Spine; Sore Eyes, Swellings of all 
kinds; * * * Sore Throat; * * * Pleurisy and Pneumonia, * * * 
Splint, Wind Galls, * * * Fistula, * * ' * In early stages of inflamma- 
tory Rheumatism and Soreness about the Breast, * * * this Ointment 
stands unrivalled. * * * in the course of two or three hours, the system is 
thrown into a gentle perspiration, and all pains or soreness is .rapidly removed.
* '* *," (similar statements in German and Spanish) were false and fraudu- 
lent in that the same falsely and fraudulently represented to purchasers thereof, 
and created in the minds of such purchasers, the' impression and belief that the 
article was in whole or in part composed of or contained ingredients or me.dic- 
inal agents or combinations of ingredients effective, among other things, as a 
remedy for the various diseases, ailments, and affections mentioned upon said 
carton and in said circular, whereas, in truth and in fact, it was not.
On October 19, 1920, the said W. F. Gray & Co. having appeared as claimant 
for the property, and it appearing to the court that said claimant had prepared 
an amended circular and advertising matter to be used in lieu of the circular 
and advertising matter complained of in this action, which said amended circu- 
lar and advertising matter had been filed with the Solicitor of the Department 
of Agriculture, and it further appearing that said claimant company had 
agreed that the goods would not thereafter be sold or offered for sale contrary 
to the provisions of law, and it further appearing that the parties had agreed 
that the goods might be delivered to said claimant and that said claimant would 
remove and destroy the brand and advertising matter complained of and would 
relabel the goods in conformity with law, and said claimant having filed its 
bond in the sum of $1,000, in conformity with section 10 of the act, for the 
prompt and faithful performance of the matters agreed to by it, it was ordered 
by the court that the property be delivered to said claimant, and that the cause 
be dismissed upon the payment of all the costs of the proceedings by the said 
claimant.
E.  D.  BALL, Acting  Secretary of Agriculture.