17960. Misbranding of Perry Davis Vegetable Painkiller. V. S. v. 17% 
Doxen Bottles of Perry Davis Vegetable Painkiller. Default 
decree of condemnation, forfeiture, and destruction.     (F. & D. No.
25454.    I. S. No. 5721.    S. No. 3671.)
Examination of samples of a drug product, known as Perry Davis Vegetable 
Painkiller, from the herein-described 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 District of Porto Rico.
On December 13, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 17^ dozen bottles of the said Perry Davis Vegetable Painkiller, 
alleging that the article had been shipped by Gabriel J. Fajardo, New York, 
N. Y., on or about Ma? 16, 1930, to San Juan, P. R., and that it was being sold 
and offered for sale in Porto Rico by Serra, Garabis & Co. (Inc.), of San Juan, 
P. R., 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 camphor, capsicum, myrrh, alcohol, and water.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding its curative and therapeutic effects, appearing on the
bottle label and in the accompanying circular, were false and fraudulent, since 
said article contained no ingredient or combination of ingredients capable of 
producing the effects claimed: (Bottle label) "Painkiller;" (circular) "Pain- 
killer * * * Bites and Stings of Poisonous Insects, Scorpions and Centi- 
pedes.-Take the Painkiller. * * * Continue this until the pain and swell- 
ing are gone. * * * Broken or Swollen Breasts and Clogged Milk Pas- 
sages.- Apply     Painkiller   *    *    *   Bronchitis. - Take   *    *    *   Painkiller
* * * until the attack is relieved. * * * inhale the vapor mixture as de- 
scribed for Quinsy or Sore Throat. * * * Chilblains.-Rub in clear.Pain- 
killer * * * Cough.-Follow treatment prescribed for Colds, Bronchitis, or 
La Grippe * * * Cramps, Colic Pains, * * * For an adult, take * * * 
Painkiller * * * Repeat this dose every twenty minutes, until the pain is 
relieved.   Outward application as described under diarrhoea.   For an infant
* * * until * * * the pain is relieved * * * Diarrhoea.-Com- 
monly known as ' Summer Complaint.' Take * * * Painkiller * * * 
Dysentery.-Give   *    *    *   Painkiller   *    *    *   until   the   pain   is   relieved
* * * 'Grip' or La Grippe.-Give * * * Painkiller * * * If the 
throat be sore, bind with flannels wet with Painkiller * * * Headache and 
Sick Headache.-Bathing the head freely with Painkiller will often relieve the 
most   severe   attacks   of   headache.     Indigestion   *    *    *   Dyspepsia.-Take
* *    *   Painkiller   *    *    *   Rheumatic    Pains. - Take    teaspoonful    doses
* * * bathe the suffering parts * * * with clear Painkiller. Use the 
remedy freely. Keep the parts warm and dry with flannels moistened with 
Painkiller, and wrapped around carefully about the painful places * * * 
Tonsilitis, Quinsy and Simple Sore Throat.-To relieve the pain put two tea- 
spoonsful of Painkiller into hot water or milk, sweetened with sugar. Gargle 
the throat with this every half hour. * * * Dampen strips of flannel with 
Painkiller, and bind around the throat, especially at bedtime. If the attack 
is severe, wring out the flannel in very hot water, into which a little Pain- 
killer has been put.   *    *    *   Whooping Cough.-To relieve the cough, mix
* * * Painkiller with * * * sweet oil * *, * apply with the hand, 
rubbing the mixture thoroughly over the neck and chest * * * During the 
paroxysms of coughing give the little patient * * * Painkiller * * * 
Inhale the steam of hot water and Painkiller mixture, as directed for Ton- 
silitis."   (Similar statements also appeared in Spanish.)
On March 5, 1931, no claimant having appeared for the property, judgment 
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 Agrwulture.