17907. Adulteration and Misbranding of Dr. Hubbel's formula. V. S. v. 20 Cards of S Bottles Each of Dr. Hubbel's Formula. Default de- cree of condemnation, forfeiture, and destruction. (F. & D. No. 25830. I. S. No. 4980. S. No. 3775.) Examination of a sample of a drug product, known as Dr. Hubbel's formula, having shown that it contained more alcohol than declared on the label, and that the display eard, carton, bottle label, and accompanying circular bore claims of curative and therapeutic properties that the article did not possess, the Secretary of Agriculture reported to the United States attorney for the District of Maine the herein-described interstate shipment of a quantity of the article located in Portland, Me. On January 30, 1931, the United States attorney filed in the District Court of the United Sta-tes for the-district aforesaid a libel praying seizure and condem- nation of 20 cards, each bearing three bottles of Dr. Hubbel's formula, remain- ing in the original unbroken packages at Portland, Me., alleging that the article had been shipped by the Hubbel Products Corporation from Boston, Mass., on or about September 20,1930, and transported from the State of Massachusetts into the State of Maine, 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 it con-1 sisted essentially of chloral hydrate, small amounts of extracts of plant drugs, formaldehyde, volatile oils including eucalyptol, camphor and clove oil, alcohol (57.6 per cent), acetic acid, sulphuric acid, and water colored with a green dye. It was alleged in the libel that the article was adulterated in that it was sold under the following standard of strength, "Alcohol 50%," whereas the strength of the article fell below such professed standard. Misbranding was alleged for the reason that the statement appearing on the bottle label, "Alcohol 50%," was false and misleading. Misbranding was alleged for the further reason that the following statements regarding the curative or therapeutic effects of the article, appearing in the labeling, were false and fraudulent, since it contained no ingredient or combination of in- gredients capable of producing the effects claimed: (Display card) "A Sure Remedy for Pyorrhea, Trench Mouth, Sore and Bleeding Gums;" (carton and bottle) " For Treatment of Pyorrhea, Trench Mouth, Gingivitis, Stomatitis, Sore and Bleeding Gums * * * [carton only] Relieves Toothache;" (cir- cular) "For Treatment of Pyorrhea, Trench Mouth, Gingivitis, Stomatitis, Sore and Bleeding Gums * * * A Sure Remedy for Pyorrhea, Trench Mouth, Sore and Bleeding Gums, Tightens Teeth. * * * [Testimonials] ' Your preparation for the Cure of Pyorrhea has done wonders for me in hardening up the gums and tightening up loose teeth.' F. S. H. AUston. ' I cannot praise Dr. Hubbel's ? Formula for treatment of Pyorrhea enough. I suffered with Pyorrhea. My teeth were loosened from the gums and it looked as if I were going to lose them. I started using your formula about two months ago and today find my gums healed and my teeth quite sound once more.' A. A. Boston. 'I know that you will be interested to hear how well my gums are after having six (6) applications of your formula. Ten years ago I first noticed how very bad and inflamed they were and naturally went to the dentist. He told me that I had a " trench mouth " and would in all probability be troubled with it. Some treatments were given me, which helped a little for the time being, but I have always had to return to him every two or three months. Now my gums are one hundred per cent better ( and I want you to know how much I appreciate having found a cure.' E. A. J. Quincy. ' I have found Dr. Hubbel's Formula a most effective remedy for bleeding gums. The application of the medicine stops the bleeding practically at once and hardens the gums. It acts also as cleanser and disinfectant and I can heartily recommend its having a place in every family medicine Chest.' A. H. J. Brookline. * * * Sore and chafed mouths. * * * bleed- ing gums * * * pyorrhea * * * gingivitis * * * trench mouth * * * stomatitis * * * and other infections of the gums and teeth are the inevitable result of the lack of proper care. Dr. Hubbel's Formula is both a preventive and curative remedy. In cases where the infection has located itself, either as an aggravated condition or simply in the early stages, Dr. Hubbel's Formula corrects the condition by strengthening the unhealthy or sensitive gums and causes a hardening or toughening of the gum tissues. Used as directed * * * it prevents the formation of spongy tissues and keeps the mouth generally in a more healthy condition. Dr. Hubbel's Formula is used by dentists in treating the most advanced stages of gum disorders and Is highly recommended by many of the leading dentists throughout the coun- try. * * * the only result which can occur from its application is an immediate benefit and continued improvement until the mouth is restored to a normal, healthy condition." On February 5, 1931, 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. ABTHUR M. HYDE, Secretary of Agriculture..