17630. Misbranding of Vapo Ply, Hoyt's cold tablets, and Hoyt's catarrhal 
jelly. U. S. v. 7 Paclcages of Vapo Ply, et al. Default decrees of 
condemnation, forfeiture, and destruction. (F. & D. Nos. 24857, 
24858, 24859.    I. S. Nos. 028285, 028286, 028287.    S. No. 3189.)
The labels of drug products known as Vapo Ply, Hoyt's cold tablets, and 
Hoyt's catarrhal jelly having been found to contain claims of curative and 
therapeutic effects that the articles were unable to accomplish, the Secretary 
of Agriculture reported to the United States attorney for the Eastern District 
of Pennsylvania, the herein described interstate shipments of products.
On June 26, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid libels praying seizure and con- 
demnation of 7 packages of Vapo Ply, 23 packages of Hoyt's cold tablets, and 
20 packages of Hoyt's catarrhal jelly, remaining in the original unbroken 
packages at Philadelphia, Pa., consigned by Hoyt Bros. (Inc.), Newark, N. J., 
alleging that the articles had been shipped from Newark, N. J., into the State 
of Pennsylvania, and charging misbranding in violation of the food and 
drugs act as amended.
Analyses of samples of the articles by this department showed that Hoyt's 
Vapo-Ply consisted essentially of an ointment with a petrolatum base contain- 
ing volatile oils including camphor, menthol, eucalyptol, thymol, and methyl 
salicylate; Hoyt's cold tablets contained acetanilide, quinine sulphate, aloin, 
capsicum, and camphor; and Hoyt's catarrhal jelly consisted essentially of 
petrolatum containing camphor, menthol, and eucalyptus oil.
It was alleged in the libels that the articles were misbranded in that the 
following statements appearing on the labels, regarding the curative and 
therapeutic effects of the said articles, were false and fraudulent, since they 
contained no ingredients or combinations of ingredients capable of producing 
the effects claimed: (Vapo Ply, carton) "Relief in Asthma, Influenza, Catarrh
* *    *   Croup,    Sore    Throat,    Whooping    Cough,    Muscular    Rheumatism
* *   *   Chilblains;" (Vapo-Ply, jar label) "Acute Bronchitis, Influenza, Con- 
gestion of the Lungs;" (cold tablets, carton) " Hoyt's Cold Tablets for recent
* *   *   Coughs, Influenza, etc.;" (catarrhal jelly, carton) " Hoyt's Catarrhal 
Jelly.    Keep Your Nose  and  Throat Antiseptically Clean   *    *    *    Coughs
* *   *   Influenza, La Grippe, and kindred affections;" (catarrhal jelly, tube 
label) " Hoyt's Catarrhal Jelly for Nasal Catarrh."
On September 16, 1930, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the products be destroyed by the United States marshal.
AETHXJE M. HYDE, Secretary of Agriculture.