17167. Misbranding of Vapo-Cresolene. U. S. v. SO Bottles, et al., of Vapo- Cresolene. Default decrees of condemnation, forfeiture, and de- struction. (F. & D. Nos. 24582, 24586. I. S. Nos. 017395, 017396, 017397, 027581. S. Nos. 2913, 2920.) On March 3 and March 4, 1930, the United States attorneys for the Districts of New Jersey and Maryland, respectively, acting upon reports by the Secre- tary of Agriculture, filed in the District Courts of the United States for the districts aforesaid libels praying seizure and condemnation of 50 large-sized bottles, 69 medium-sized bottles, and 164 small-sized bottles of Vapo-Cresolene, remaining in the original unbroken packages in part at Newark, N. J., and in part at Baltimore, Md., alleging that the article had been shipped by the Vapo- Cresolene Co., from New Yorki, N. Y., in part on November 27, 1929, and in part on January 5, 1930, and had been transported from the State of New York into the States of New Jersey and Maryland, respectively, and charging mis- branding 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 cresylic acid with small amounts of water and neutral oil. It was alleged in the libels that the article was misbranded in that the following statements appearing in the labeling, regarding the curative and therapeutic effects of the said article, were false and fraudulent, since the article contained no ingredient or combination of ingredients capable of pro- ducing the effects claimed: (Bottle, all sizes) "Treatment for whooping cough, spasmodic croup, nasal catarrh, * * * sore throat, bronchitis, bron- chial complications of measles, bronchial asthma and hay fever; " (carton, all sizes) "A vapor treatment for Whooping Cough, Spasmodic Croup, Bronchial Asthma, Coughs * * * Bronchitis, Influenza * * * The use of vapor- ized antiseptics for certain inflammatory diseases of the air passages is a well recognized and valuable method of treatment. * * * The air passages are then penetrated by the restorative vapor with every breatii. Cresolene has been used since 1879 for the relief of the diseases for which it is recommended. * * * for the relief of the paroxysms of Whooping Cough, Spasmodic Croup, Bronchial Asthma, Hay Fever, Influenza. For Nasal Catarrh, Sore Throat, Coughs * * * Bronchitis and the bronchial complications of Measles. Vaporized Cresolene is a protection to those necessarily exposed to communicable diseases. * * * for use about the body as in the washing of * * * boils, * * * etc.;" (carton label, large-sized bottles only) " Spasmodic Croup, Asthma, Whooping Cough, Bronchitis * * * Whooping Cough, Spasmodic Croup, Nasal Catarrh, * * * Bronchitis, Coughs, Sore Throat, Influenza, The Paroxysms of Bronchial Asthma, and Hay Fever and the Bronchial Complications of Measles, For the Respiratory Diseases of Animals, as Distemper and Pneumonia in Horses and Dogs; Gapes and Roup in Fowls;" (circular, all sizes) "For Whooping Cough, Spasmodic Croup, Bronchial Asthma, * * * Coughs, Bronchitis * * * The liquid is vaporized * * * is carried through every passage, tube and cell of the breathing organs and produces a direct action on the very seat of the disease. * * * is an important means of surely and readily treating many bronchial troubles and of bringing specific antiseptics to act upon and stop the growth of the germs of * * * Whooping Cough and Spasmodic Croup, it has also been found effective in treating other bronchial and nasal diseases, viz: Bronchitis, Coughs, Bronchial Asthma, Nasal Catarrh, Hay Fever, * * * the bronchial complications accompanying Measles, and as a protection to those necessarily exposed to infectious diseases. * * * for use about the body as in the washing of * * * boils * * * etc. * * * Labora- tory tests * * * show that it kills the germs of Diptheria, Typhoid Fever And the Pus germ * * * In Diseases of Animals. Vapo-Cresolene is very -effective in the treatment of Distemper, Coughs and Colds in horses and dogs And Roup in chickens. * * * [German] Whooping Cough, Asthma, Spas- modic Croup, Dyspnoea, Catarrh, Bronchial Inflammation. [Italian, French, and Spanish] Whooping Cough, Spasmodic Croup, Asthma, Catarrh, Bron- chitis. * * * [Testimonials] Pertussis (Whooping Cough) * * * An apparatus for vaporizing Vapo-Cresolene was * * * employed, * * * Almost immediately the paroxysms were relieved. * * * two cases well ?established, the paroxysms very frequent, and the children much exhausted. Several other children were coughing with that quick, percussive cough so characteristic of the first stage. The Vaporizers were started, and after forty- eight hours the paroxysms had ceased, no more whooping or vomiting; sleep was obtained. Though children were admitted to the institution who had not had the disease, no new cases broke out, and the epidemic was at an end. "* * * Unequaled in the treatment of Whooping Cough. * * * It has a l>eneficial effect in allaying the irritation and desire to cough in Bronchitis. * * * I have found it of such great value in cases of Whooping Cough, Oroup and other spasmodic coughs * * * Children suffering from such diseases can oftentimes be relieved by the use of the above apparatus. * * * ?Our institution has recently passed through an epidemic of whooping cough. Tou * * * furnished * * * a supply of Cresolene * * * The re- sults have been good * * * In some instances the whooping stage was Aborted, in others the paroxysms were lessened in severity and frequency, in others the duration of attack shortened one or two weeks * * * I have used it in Croup and Bronchial troubles of different natures. * * * During the past winter we had an outbreak of Whooping Cough at this Institution, having about sixty cases. They were all treated by inhalations of your Vapor- ?Cresolene without other treatment. In these cases they all made uneventful recoveries without complications. I unhesitatingly recommend your prepara- tion in Whooping Cough. Practical Notes on the Prevention and Treatment ?of Diphther:a:-' I have used with excellent results Vapo-Cresolene.' I find your remedy to be the best I have ever tried in the treatment of Whooping ?Cough, Catarrhal Fever, Asthma, also for disinfecting rooms where Scarlet Fever and Diphtheria prevail. The lamp that is known as the Vapo-Cresolent lamp is of great benefit in Whooping Cough and will be found at times to relieve the coughing spells, particularly those that occur at night, of Bron- chitis and Broncho-pneumonia. * * * I have found it very beneficial for my little ones with Whooping Cough and Influenza * * * useful assistant whatever treatment may be used in the check and cure of the trying diseases for which it has been specially recommended. * * * I used it for my little fellow when he had whooping cough, and the flrst night I lit it he slept through without a break. * * * I have found the Vapo-Cresolene Vaporizer in- valuable for the treatment of whooping cough and bronchitis. * * * ?stopped my little son's continuous coughing in one night." On April 9 and April 15, 1930, respectively, no claimant having appeared for the property, judgments of condemnation and forfeiture were entered, and it was ordered by the court that the product be destroyed by the United States marshal. ABTHTJB M. HYDE, Secretary of Agriculture.