17159. Adulteration   and   Misbranding of   antiseptic   grargrle.    TT.   S.   v.   lO
Dozen Bottles of Antiseptic Gargrle. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 23061. I. S. No. 02086. 
S. No. 1063.)
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 10 dozen bottles of antiseptic gargle at Chicago, Ill., 
alleging that the article had been shipped by Morgenstern & Co., from New
York, N. Y., June 16, 1928, 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, to wit, (bottle 
label) "Antiseptic * _* * It should be used constantly in presence of infec- 
tion of any kind. * * * As a daily antiseptic * * * for children or 
nurses exposed to infection, dilute with an equal portion of water;" (carton 
label) "Antiseptic * * * I use it constantly in presence of infection of 
any kind."
Misbranding was alleged for the reason that the following statements re- 
garding the curative or therapeutic effects of the article, appearing on the 
container and on the shipping carton, (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 wh.ch are encountered. * * * An- 
tiseptic * * * As a daily antiseptic and tonic mouth wash for children or 
nurses exposed to infection, dilute with an equal portion of water," (carbon 
label) "Antiseptic * * * 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 appLed 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.
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.
ABTHTXR M. HYDE, Secretary of Agriculture.