17636. Misbranding of Vapo-Cresolene. U. S. v. 242 Bottles of Vapo-Creso- 
lene. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. No. 24552.    I. S. No. 029619.    S. No. 2817.)
Examination of samples of a drug product known as Vapo-Cresolene from 
one of the herein described interstate shipments 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 Southern District of Indiana.
On March 6, 1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 242 bottles of Vapo-Cresolene, remaining in the original 
unbroken packages at Indianapolis, Ind., alleging that the article had been 
shipped by the Vapo-Cresolene Co., New York, N. Y., in part on or about 
December 14, 1929, and in part on or about February 15, 1930, and had been 
transported from the State of New York into the State of Indiana, 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 essentially of cresylic acid with small amounts of water and coal-tar 
neutral oil.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements borne on the bottle and carton labels and in the accom- 
panying circular, regarding the curative and therapeutic effects of the said 
article, were false and fraudulent, since it contained no ingredient or com- 
bination of ingredients capable of producing the effects claimed: (Bottle label) 
" Treatment for whooping cough, spasmodic croup, nasal catarrh * * * 
sore throat, bronchitis, bronchial complications of measles, bronchial asthma 
and hay fever;" (carton label) "A vapor treatment for Whooping Cough, 
Spasmodic Croup, Bronchial Asthma, Coughs   *    *    *    Bronchitis,  Influenza
* * * The use of vaporized 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 breath. 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.;" (circular 
label) "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 spe- 
cific antiseptics to act upon and stop the growth of the germs of disease.
* * * it has obtained a prominent position in the treatment 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 accompany- 
ing Measles, and as a protection to those necessarily exposed to infectious 
diseases.   *   *   *   for use about the body as in the washing of   *   *   * 
boils   *   *   *   etc.   *   *   *   Laboratory tests   *   *   *   show that it kills 
the germs of Diphtheria, Typhoid Fever and the Pus germ.   *   *   *   In dis- 
eases of Animals.   Vapo-Cresolene is very effective in the treatment of Dis- 
temper, Coughs and Colds in horses and dogs and Roup in Chickens;   [in 
German]   Whooping Cough, Asthma,   Spasmodic  Croup,  Dyspnoea,  Catarrh, 
Bronchial Inflammation.    [Italian, French, and Spanish]  Whooping Cough, 
Spasmodic   Croup,   Asthma,   Catarrh,   Bronchitis;    [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 beneficial effect in allaying the irrita- 
tion and desire to cough in Bronchitis.   *   *   *   I have found it of such great 
value in cases of Whooping Cough, Croup 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.   You   *   *   *   furnished   *   *   *   a supply 
of Cresolene   *   *   *   The results have been good,   *   *   *   In  some in- 
stances the whooping stage was aborted, in others the paroxysms were les- 
sened 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 Vapo-Cresolene without other treatment. 
In these cases they all made uneventful recoveries without complications. 
I unhesitatingly recommend your preparation in Whooping Cough.   *   *   * 
Practical Notes on the Prevention and Treatment of Diphtheria:-' 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-Cresolene 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  Bronchitis  and  Broncho- 
pneumonia.    *    *    *   I have found it very beneficial for my little ones with 
Whooping Cough  and Influenza,   *   *   *   useful assistant whatever  treat- 
ment may be used in the check and cure of the trying diseases for which it has 
been especially recommended.   *   *   *   I used it for my little fellow when 
he had whooping cough, and the first night I lit it he slept through without a 
break.   *   *   *   I have found the Vapo-Cresolene Vaporizer invaluable for 
the treatment of whooping cough and bronchitis.   *   *   *   stopped my little 
son's continuous coughing in one night."
On September 27, 1930, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHXJE M. HYDE, Secretary of Agriculture