16006. Adulteration and misbranding- of Odol. V. S. v. 10% Dozen Bottles 
of Odol. Default decree of condemnation, forfeiture, and destruc- 
tion.     (P. & D. No. 22954.     S. No. 999.)
On August 3, 1928, the United States attorney for the District of Massa- 
chusetts, acting upon a report b'y the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure 
and condemnation of 10% dozen bottles of Odol, remaining in the original 
unbroken packages at Boston, Mass., consigned on or about June 5, 1928, alleg-
ing that the article had been shipped by the Odol Corporation, New York, N. Y., 
and transported from the State of New York into the State of Massachusetts 
and charging adulteration and misbranding in violation of the food and drugs 
act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of alcohol (78 per cent), salol, and water, flavored with 
volatile oils, including peppermint oil. Bacteriological examination showed 
that in the dilution mentioned in the directions for use, the article did not 
destroy common disease-producing bacteria within 5 minutes.
It was alleged in the libel that the article was adulterated in that its strength 
fell below the professed standard under which it was sold, that is to say, " anti- 
septic,    *    *    *    Europe's      leading     antiseptic,    *    *  ? *    highly      effective,
* *    *    germ-destroying liquid such as Odol."
Misbranding was alleged for the reason that the following statements upon 
the label were false and misleading: "Antiseptic. For nearly forty years Odol 
has been Europe's leading antiseptic    *??*?*.    it is    * '  *'   *    highly effective
* * *. Use Odol * * * especially at night before retiring. While sleep- 
ing germs do their most destructive work." Misbranding was alleged for the 
further reason that the following statements regarding the therapeutic effects 
of the article, borne on the label, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: "For the * * * Mouth. Throat, and Breath * * *. The 
world's famous * * * Healing * * * Mouthwash * * *. It Puri- 
fies, * * * prevention of pyorrhea-sore and bleeding gums-sore throat- 
mouth   ulcer-Purifying   the   Breath   *    *    *    for   the   mouth   and   throat
* * * They do not reach the gums, inner cheeks, tongue, throat, and many 
other corners, crevices, and cavities, commonly referred to as germ incubators. 
These parts need a germ-destroying, lasting, soothing liquid such as Odol. Most 
germs of disease enter the body thru the mouth. Protect and keep it clean with 
Odol-Health's best safeguard * * *. While sleeping germs do their most 
destructive work."
On September 26, 1928, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHXJK M. HYDE, Secretary of Agriculture.