17647. Adulteration and Misbranding of vaginal antiseptic capsules.    IT. S.
v. 20 Boxes of Vaginal Antiseptic Capsules. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. No. 24976. 
I. S. No. 2427.    S. No. 3304.)
An examination of samples of a drug product known as vaginal antiseptic 
capsules, having shown that the article was not antiseptic, and that the labels 
bore claims of curative properties that it did not possess, the Secretary of 
Agriculture reported to the United States attorney for the Southern District of 
New York the herein described interstate shipment of a quantity of the product 
located at New York, N. Y.
On August 11, 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 20 boxes of vaginal antiseptic capsules, remaining in the 
original unbroken packages at New York, N. Y., alleging that the article had 
faeen shipped by the Grape Capsule Co. (Inc.), from Allentown, Pa., on or 
about May 1, 1930, and ha'd been transported from the State of Pennsyl- 
vania into the State of New York, and charging adulteration and misbranding 
In violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that the 
capsules contained eucalyptol and guaiacol dissolved in castor oil. Bacterio- 
logical examination showed that the article was not antiseptic.
It was alleged in the libel that the article was adulterated in tha.t it was 
sold under the following standard of strength, "Antiseptic, * * * A De- 
stroyer of Germs," whereas the said article fell below such professed stan- 
dard, since it was not antiseptic and was not a destroyer of germs.
Misbranding was alleged for the reason that the statements on the label, 
"" Antiseptic * * * a destroyer of germs," were false and misleading when 
applied to an article which was not antiseptic and was not a destroyer of 
?germs. Misbranding was alleged for the further reason that the following 
statements appearing on the label, regarding the curative or therapeutic ef- 
fects of the said article, "For Diseases and Inflammation of the Vaginal 
?Canal," were false and fraudulent, in that the article contained no ingredient 
or combination of ingredients capable of producing the effects claimed.
On September 4, 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.
ABTHUB M. HYDE, Secretary of Affriculture.