17394. Adulteration and Misbranding of Takara antiseptic powder. TJ. S. 
v. 3 Dozen Cans of Takara Antiseptic Powder, et al. Defanit 
decree   of  condemnation,  forfeiture,  and  destruction.     (P.   &  D.   Nos.
23780, 23794.    I.  S. Nos. 0125, 06378, 06379.    S. Nos.  1967, 2016.)
On May 29 and June 5, 1929, respectively, the United States attorney for the 
Northern District of California, acting upon reports by the Secretary of Agri- 
culture, filed in the District Court of the United States for said district libels 
praying seizure and condemnation of 9 dozen small-sized and 28 dozen large- 
sized cans of Takara antiseptic powder, remaining in the original unbroken 
packages at San Francisco, Calif., alleging that the article had been shipped 
t>y the Takara Laboratories, from Portland, Oreg., in various consignments on or 
about March 21, April 16, April 19, and May 9, 1929, respectively, and trans- 
ported from the State of Oregon into the State of California, 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 of a mixture of boric acid, aluminum ammonium sulphate, zinc sulphate, 
phenol, and traces of volatile oils including menthol. Bacteriological examina- 
tion showed that a solution of one teaspoonful of the article in a pint of water 
?was not antiseptic.
It was alleged in the libels that the article was adulterated in that its 
strength fell below the professed standard or quality under which it was sold, 
namely: " Takara antiseptic powder can also be used * * * as a solution, 
a heaping teaspoonful to a quart of hot water. * * * Antiseptic Powder 
(douche) efficient speedy reliable. * * * Possesses extraordinary * * * 
germicidal properties particularly indicated in all vaginal infections. * * * 
?Can be used where an antiseptic is indicated."
Misbranding was alleged for the reason that the above-quoted statements 
appearing in the labeling were false and misleading. Misbranding was alleged 
for the further reason that the following statements regarding the curative 
and therapeutic effects of the article, appearing on the can label and in the 
accompanying circular, were false and fraudulent, in that the article con- 
tained no ingredient or combination of ingredients capable of producing the 
effects claimed: (Can) "Indicated in the treatment of Leucorrhoea and In- 
flamed Catarrhal or Ulcerated Conditions of Mucous Membranes. * * * par- 
ticularly indicated in all Vaginal Infections and Female Troubles * * * is 
recommended in the treatment of leucorrhoea, vaginitis, inflamed, ulcerated or 
?catarrhal conditions of mucous membranes. No woman * * * will fail to 
appreciate the * * * healthy condition produced by the use of Takara 
Antiseptic Powder. Its use promptly relieves soreness and discomfort. Takara 
Antiseptic Powder possesses extraordinary * * * healing properties;" (cir- 
cular) " Skin Irritations-To allay * * * inflammation, bathe affected 
parts with a solution of   *    *    *   Takara Powder in   *    *   *   cold water."
On June 17, 1930, 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.
AETHTJB M. HTDE, Secretary of Agriculture.