16060. Misbranding of Clear-Tone. U. S. v. 17 Bottles of Clear-Tone. De- 
fault  decree  of condemnation,  forfeiture, and destruction.     (F. &
1), No. 22995.     S. No. 1042.)
On August 17, 192S, the United Slates 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 a libel praying seizure 
and condemnation of 17 bottles of Clear-Tone, remaining in the unbroken 
packages at New York, N. Y., alleging that the article had been shipped by the 
J. T. Kennedy Co., Kansas City, Mo., on or about May'10, 1928, and trans- 
ported from the State of Missouri into the State of New York, and charging 
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 calomel and alum, with small amounts of potassium nitrate, 
camphor, and tannin, alcohol 42 per cent, and water.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative and therapeutic effects of the said article 
were false and fraudulent, since it contained no ingredient or combination of 
ingredients capable of producing the effects claimed:  (Carton)   "Clear-Tone
* *    *    Pimples,   Acne,   Eruptions   on   the  face   or   body    *    *    *    Eczema.
* * * stops Barbers Itch Immediately. Clear Your Skin. The Regular use 
of Clear-Tone as a toilet accessory will insure you a complexion free from 
blemishes and eruptions, and a healthy skin such as Nature intended you to 
have;" (label) "Clear-Tone * * * Pimples * * * Acne Eruptions on 
the face or body * * * Eczema;" (directions) "Use this treatment night 
and morning until the skin troubles disappear, then use it once a day for a 
while as a preventative;" (circular) "Clear-Tone * * * In various con- 
ditions of Skin Troubles * * * I want to have a plain talk with you on the 
subject of skin troubles and the use of the Clear-Tone Treatment * * *. 
Some forms of skin affections, especially those of a deep-seated and of a per- 
sistent and continuing nature that require positive and determined treatment 
for a sufficient length of time to accomplish results. If you have had skin 
troubles for six months or a year, or ten years, it is not reasonable to suppose
that you can get entirely rid of it in a few days, or even a month. The more 
stubborn your case of skin trouble may be, and the more treatments it has 
resisted, the more anxious I am for you to use Clear-Tone. * * * let it 
prove to you that it has merit and will clear up the worst forms of itching and 
disfiguring skin troubles * * *. If Clear-Tone stops the itching and irrita- 
tion, and you are gradually improving, the sensible thing to do is to continue 
the treatment until all symptoms of the trouble have entirely disappeared. 
One bottle will not give you permanent relief unless you have a very mild case, 
so just as soon as you see you are improving, get another bottle of Clear-Tone." 
On September 12, 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.
ARTHUR M. HYDE, Secretary of Agriculture.