16364.  Misbranding of   En-Ar-Co   Japanese   style   oil. XT.   S.   v.   23   Doaen
packages    of   En-Ar-Co    Japanese    Style    Oil. Default    decree    of
condemnation,   forfeiture,   and   destruction. (F.   &   D.   No.   23405. 
I. S. No. 03423.    S. No. 1562.)
On February 13, 1929, the United States attorney for the District of Mary- 
land, 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 condem- 
nation of 23 dozen packages of En-Ar-Co Japanese style oil, remaining in the 
original unbroken packages at Baltimore, Md., alleging that the article had been 
shipped by the National Remedy Co., from New York, N. Y., on or about Janu- 
ary 2, 1929, and transported from the State of New York into the State of Mary- 
land, 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 was a 
reddish orange liquid containing amyl alcohol, oleoresin of capsicum, menthol, 
oil of sassafras, oil of camphor, and a phenol.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statement regarding the curative and therapeutic effects of the said article, 
(carton) "For Neuralgia, Toothache * * * For * * * Earache * * * 
Neuralgia * * * Snake Bites * * * Toothache, etc. And following dis- 
eases of Horses, Cattle, Fowl, etc., viz. * * * Colic, Calks, Galls, Old Sores, 
Roup, Scratches, Spavins, etc.," (circular) Sore Throat * * * Cough, Con- 
gestion or Pain, rub in a generous amount of our Japanese Oil before going to
bed, then notice the remarkable results by next morning. The astonishing re- 
sults obtained through the use of our Japanese Oil * * * carrying into the 
system the healing and antiseptic oils that are found in no other remedy, thus 
rapidly stirring up the circulation with the result that Nature is given a chance 
to   exert   herself.    *    *    *    Immediately   generates    a    *    *    *    stimulating
* * * heat which drives away the pain and congestion, stiinulating the cir- 
culation without personal effort or massage, bringing almost instant relief at 
trifling cost, * * * Congestion, * * * Croup, Rheumatic Pains, Neu- 
ralgic Pains,  Swollen Joints,  Stiffness,  Sciatica,  Lumbago,   Sprains,  Neuritis,
* * * Toothache, Earache, et cetera * * * Toothache. In an emer- 
gency where Cramps, Colic, Dysentery, or stomachache are indicated, take ten 
drops in a little sweetened water, preferably after a meal, three times a day. 
For Cramps or Acute Pain use ten to fifteen drops in sweetened water every 
three hours until relieved or until doctor arrives. Nothing we know of can 
equal the Vapors given off by our Japanese Oil when inhaled through nose and 
mouth for relief of conditions affecting head, throat, and air passages in cases 
of * * * Catarrh, et cetera. * * * This Vapor * * * is still very 
effective in the treatment of cases indicated. * * * Inhale vapor * * * 
when suffering from the discordant symptoms arising from indications of Nasal 
Catarrh    *    *    *    Grippe,   Sore   Throat,   Earache,   et   cetera.    *    *    *    For
* * * Catarrh * * *. These general directions may also be followed in 
the treatment of your dogs, cats, poultry, or other domestic animals. En-Ar-Co 
Japanese Oil should be in every family medicine chest as a ' First Aid' in case of 
accidents or sudden illness    *    *    *    Use it externally for    *    *    *    Earache,
* * * Toothache, Neuralgia * * * Also in cases of Bronchitis, Cold, 
Grippe-apply it to the chest, palms of the hands and soles of the feet, rubbing 
in well. Used internally * * * in cases of Cramp, Colic, Dysentery, Nasal 
Catarrh, Etc. It is, besides, a * * * remedy for the ordinary complaints 
of Poultry and Stock," were false and fraudulent in that the article contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed, and in that the said statements were applied to the article knowingly 
and in reckless and wanton disregard of their truth or falsity, so as to repre- 
sent falsely and fraudulently to purchasers thereof and create 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 medicinal agents effective in 
the diseases and conditions named therein.
On April 22, 1929, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.