17635. Misbranding of   Ointrex.     U.   S.   v.   12  Dozen  Jars,   et   al.,   of   Ointrex. 
Default   decrees   of   condemnation,   forfeiture,   and   destruction.
(F. & D. Nos. 24739, 24743.    I. S. Nos. 023684, 023687.    S. Nos. 3100, 3102.)
Examination of samples of a drug product known as Ointrex, having shown 
that the labels of the article bore certain curative and therapeutic claims that 
were not justified by its composition, the Secretary of Agriculture reported the 
matter to the United States attorney for the District of Colorado.
On May 7, 1930, the said United States attorney filed in the District Court of 
the United States for the district aforesaid libels praying seizure and condem- 
nation of 24 dozen tins and 16% dozen jars of Ointrex, remaining in the original 
unbroken packages at Denver, Colo., consigned by the Rex Co., Kansas City, Mo., 
alleging that the article had been shipped from Kansas City, Mo., in various 
consignments on or about March 7, March 31, and April 15, 1930, respectively, 
and had been transported from the State of Missouri into the State of Colorado, 
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 was an 
ointment with a petrolatum base containing volatile oils including origanum 
oil, camphor, menthol, and methyl salicylate.
It was alleged in the libels that the article was misbranded in that the 
following statements regarding the curative and therapeutic effects of the 
said article, borne on the labeling, were false and fraudulent, since the article 
contained no ingredient or combination of ingredients capable of producing 
the effects claimed: (Jar label) "A scientifically developed ointment to relieve
* * * Catarrh * * * Respiratory and Surface Inflammation and Con- 
gestion. * * * To relieve congestion and inflammation of the respiratory 
organs * * * Influenza, LaGrippe, Croup, Asthma, Catarrh * * * Hay 
Fever. * * * Sore Throat * * * Whooping Cough, Catarrh, Asthma 
and Hay Fever. * * * As A Liniment Or Dressing * * * Headache;" 
(carton containing jars) "A scientifically developed ointment to relieve colds, 
to arrest their development and prevent complications and serious conse- 
quences * * * to relieve congestion and inflammation of the respiratory 
organs * * * Influenza, LaGrippe, Croup, Asthma, Catarrh * * * 
Hay fever;" (circular accompanying jars) "Keep them Healthy. A Scien- 
tifically Developed Ointment to Relieve Colds, to Arrest Their Progress and 
Prevent   Complications   and   Serious   Consequences.    Use   Ointrex   to   Check
* * * Croup * * * Coughs * * * Whooping Cough * * * Head- 
aches * * * Asthma * * * Nasal Catarrh * * * Directions for 
Using and Applying Ointrex.   Congestion or Inflammation of the Air Ducts
* * * Ointrex. * * * It lubricates and holds within, inhalants that 
relieve the nasal passage and prevent the formation of excessive mucus to 
carry infection to the throat, lungs and stomach. * * * Those suscep- 
tible * * * who suffer from nasal catarrh will do well to make this simple 
test of Ointrex. In no more than five minutes it will demonstrate its healing 
and protective virtues. * * * Ointrex used in this manner as a preventa- 
tive and relief * * * for nasal catarrh * * * Neglected colds cause 
tens of thousands of deaths every year;" (display card accompanying portion 
of jars)   "Colds Neglected  Cause Tens of Thousands of Deaths Annually
* * * Relieves * * * Bronchial, Sinus and Polypus Troubles;" (label 
on tins) "Relieves * * * Bronchial Sinus and Polypus Troubles * * * 
Chilblains   *   *    *   Asthma and Nasal Catarrh."
On September 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.
AETHUB M. HYDE, Secretary of Agriculture.