17156. Adulteration  and  Misbranding of antiseptic gargle.     U.   S.  v.  23%
Dozen Bottles of Antiseptic Gargle. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 23062. I. S. No. 01968. 
S. No. 1133.)
On September 13, 1928, the United States attorney for the Northern District 
of Illinois, 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 23^ dozen bottles of antiseptic gargle at Chicago, Ill. alleging 
that the article had been shipped by the Frazier Tablet Co., from Brooklyn, 
N. Y., August 10, 1927, and transported from the State of New York into the 
State of Illinois, 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 small amounts of phenol, tannin, glycerin, and alcohol, and 
water, flavored with oil of peppermint. Bacteriological examination showed 
that the article was not antiseptic in the dilutions recommended upon the 
label.
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 (wrapper) 
"Antiseptic."
Misbranding was alleged for the reason that the following statements regard- 
ing the curative or therapeutic effects of the article appearing on the containers 
and in the accompanying circular (bottle label) "An * * * effective tonic 
for the fauces, gums, and pharynx. It should be used constantly in presence 
of infection of any kind, and it is an invaluable prescription in the treatment of 
the various sore throats which are encountered. * * * Antiseptic * * * 
As a daily antiseptic and tonic mouth wash for children or nurses exposed to 
infection, dilute with an equal portion of water," (carton label) "Anti- 
septic * * * Results of Twenty Years' Use * * * An * * * effective tonic 
for fauces, gums, and pharynx. I use it constantly in presence of infection "of 
any kind, and it is my stock prescription in the various sore throats we 
encounter," and (shipping carton) "Antiseptic," were false and fraudulent in 
that the said statements were applied to the article so as to represent falsely 
and fraudulently that it was effective as a remedy for the diseases, ailments, 
and afflictions mentioned therein. Misbranding was alleged for the further 
reason that the statement on the wrapper of the article, to wit, "Antiseptic," 
was false and fraudulent, since it contained no ingredient or combination of 
ingredients capable of producing antiseptic effects.
On April 16, 1930, 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.
ABTHUB M. HYDE, Secretary of Agriculture.