17772. Misbranding of Kinmontb's dipbtberia and sore tbroat remedy. 
F. S. v. 5% Dozen Bottles of Kinmontb's Dipbtberia and Sore 
Tbroat Remedy. Default decree of condemnation and forfeiture. 
Product released under bond. (F: & D. No. 25220. I. S. No. 4T80. 
S.  No. 3490.)
Examination of samples of a drug product, known as Kinmonth's diphtheria 
and sore throat remedy, from the herein-described interstate shipment having 
shown that the labels bore claims of curative and therapeutic properties that 
the article did not possess, the Secretary of Agriculture reported the matter to 
the United States attorney for the Southern District of New York.
On October 20, 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 5% dozen bottles of Kinmonth's diphtheria and sore 
throat remedy, remaining in the original unbroken packages at New York, N. Y., 
alleging that the article had been shipped by the Dr. H. S. Kinmonth Remedy 
Co., from Asbury Park, N. J., in part on February 6, 1930, and in part on July 
30, 1930, and had been transported from the State of New Jersey into the State 
of New York, 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 iron chloride, potassium chlorate, a trace of a magnesium 
compound, alcohol, and water.
It was alleged in the libel that the article was misbranded in that the 
following statements regarding the curative or therapeutic effects of the said 
article, appearing on the bottle and carton labels, were false and fraudulent, 
since it contained no ingredient or combination of ingredients capable of 
producing the effects claimed: (Bottle) "Diphtheria and Sore Throat Remedy 
*    *    ?=    In the early stages of diphtheria    *    *    *    Persons suffering from
hoarseness, swollen tonsils and dryness of the throat will obtain great relief 
by gargling;" (carton) "Diphtheria and Sore Throat Remedy * * * For 
the Relief of Diphtheria, Sorq Throat, Quinsy, [Enlarged or Inflamed Tonsils, 
Ulcerated Moutht Hoarseness and all of the various forms of Throat Diseases." 
On November 15, 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.
ARTHUR M. HYDE, Secretary of Agriculture.