16527. Adulteration and Misbranding of Albolatum. IT. S. v. 11 Dozen 
Tubes of Albolatum. Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No. 23550.    I. S. No. 02125.    S. No. 1747.)
On April 1, 1929, the United States attorney for the District of Porto Rico, 
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 11 dozen tubes of Albolatum at San Juan, P. R., alleging that the 
article had been shipped from New York, N. Y., into Porto Rico, on or about 
December 26, 1928, by A. J. Fajardo, New York, N. Y., and that it was being 
sold and offered for sale in Porto Rico, by Serra, Garabis & Co. (Inc.), San 
Juan, P. R., 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 of white petrolatum.
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, namely, on tube 
and carton, "An Antiseptic."
Misbranding was alleged for the reason that the following statements, borne on 
the labels, (tube) "An Antiseptic," (carton) "Antiseptic * * * An Antisep- 
tic * * * Guaranteed * * * under the Food & Drugs Act, June 30, 
1906," were false and misleading. Misbranding was alleged for the further 
reason that the following statements regarding the curative and therapeutic 
effects of the article, borne on the labels, 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 represent falsely and. fraudulently to pur- 
chasers thereof and create in the minds of such purchasers the impression and 
belief that it was in whole or in part composed of or contained ingredients 
or medicinal agents effective in the treatment of disease or the prevention 
thereof: (Tube) "Healing Emollient * * * for * * * Wounds * * * 
Sores * *? * Piles, Ulcers, * * * all eruptions and inflamed conditions 
of the skin * * * Internally for Croup, Coughs, * * * Sore Throat, 
Diphtheria, etc.;" (carton) "Healing * * * for the External treat- 
ment of Flesh Wounds * * * Sores * * * Piles, Ulcers * * * all 
Eruptions and Inflamed conditions of the skin, * * * internally for Croup, 
Coughs,   *   *   *   Sore Throat, Diphtheria, etc."
On May 10, 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.
ARTHUR, M. HYDE, Secretary of Agriculture.