17080. Misbranding of Dakol nasal cream.     U. S. v. 2% Dozen Packages of
Dakol Nasal Cream.    Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No. 24332.    I. S. No. 011673.    S. No. 2601.)
On December 12, 1929, the United States attorney for the District of Massa- 
chusetts, 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 2% dozen packages of Dakol nasal cream, remaining in 
the original unbroken packages at Boston, Mass., alleging that the article had 
been shipped by the New Haven Laboratories (Inc.), from New Haven, Conn., 
on or about October 16, 1929, and transported from the State of Connecticut 
into the State of Massachusetts, 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 petrolatum, a small amount of a saponifiable fat, volatile 
oils including menthol, a trace of sodium chloride, and water.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements borne on the carton and tube, regarding the curative and 
therapeutic effects of said article were false and fraudulent, since it con- 
tained no ingredient or combination of ingredients capable of producing the 
effects claimed: (Tube) "For * * * relief of * * * Catarrh, Bronchitis, 
Whooping Cough, Hay Fever, Sore Throat, Asthma * * * To Prevent nose 
and throat infection;" (carton) "For the relief of * * * Bronchitis, 
Catarrh, Whooping Cough, Hay Fever, Sore Throats, and Asthma. For the 
prevention of contagious diseases contracted through nose and throat."
On February 7, 1930, 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.
ARTHUE-M. HYDE, Secretary of Affriculture.