17971. Misbranding of Smith's specific compound, Smith's Kins of All Pain 
and Tex-A-Tine ointment. TJ. S. v. 3 Dozen Bottles of Smith's 
Specific Compound, et al. Default decrees of condemnation, for- 
feiture, and destruction. (F. & D. Nos. 25312, 25313, 25314, 25320, 
25427, 25428. I. S. Nos. 1698, 1699, 1700, 11286, 11953, 11954. S. Nos. 
3579, 3587, 3676.)
Examination of the herein-described drug products having shown that the 
labels bore claims of curative and therapeutic properties that the articles did 
not possess, the Secretary of Agriculture reported the matter to the United 
States attorney for the District of Colorado.
On November 18 and December 15, 1930, the United States attorney filed in 
the District Court of the United States for the district aforesaid libels praying 
seizure and condemnation of 23& .dozen bottles of Smith's specific compound, 9 
dozen bottles of Smith's King of All Pain, and 3 dozen jars of Tex-A-Tine oint-
ment remaining in the original unbroken packages, in part at Grand Junction, 
Colo., and in part at Pueblo, Colo., consigned by the Texatine Medicine Co., 
alleging that the articles had been shipped in various lots, in part on or about 
October 4, 6, and 9, 1930, from Enid, Okla., in part on or about November 6, 
1930, from Hot. Springs, Ark., and in part on or about October 18, 1930, from 
Fort Smith Ark.f and had been transported from the States of Oklahoma and 
Arkansas into the State of Colorado, and charging misbranding in violation of 
the food and drugs act as amended.
Analyses of samples of the articles by this department showed that Smith's 
specific compound consisted essentially of magnesium sulphate, a small pro- 
portion of salicylic acid, extracts of plant drugs, and water; Smith's King of 
All Pain consisted essentially of petroleum oils and nitrobenzene; and Tex-A- 
Tine ointment consisted essentially of petrolatum (97.4 per cent), a minute 
proportion of menthol, and cinchonidine (0.28 per cent).
It was alleged in the libels that the articles were misbranded in that the 
following statements regarding the curative and therapeutic effects of the said 
articles were false and fraudulent, since they contained no ingredients or com- 
binations of ingredients capable of producing the effects claimed: (Smith's 
specific compound, bottle) " Specific Compound is indicated in all diseases of 
the Blood, Stomach, Liver and Kidneys, Boils, Carbuncles and Pimples, Scrofula 
and Eruptions of the Skin, Rheumatism in all its various forms. * * * Rheu- 
matic Gout, Indigestion, Biliousness, Liver Trouble, Sick Headache, Nervous- 
ness, Hay Fever Catarrh, Eczema and Itching of the Skin, Malaria and La 
Grippe, Chills, Fever, Ague and all Malarial Diseases;" (Smith's King of All 
Pain, bottle) " King of All Pain! An Emergency Medicine in Case of Accident. 
For Neuralgia, Headache, Frosted Feet, Chilblains, Bruises, Sprains, Strains, 
Lumbago, Boils. Wounds, Cuts, Hoarseness, Deafness, Quinsy and Croup, 
Diarrhoea and Dysentery. * * * A Quick and Sure Relief from all Pains. 
Earache, and Toothache, Felons, Bunions and Corns, Burns, Scalds, Lame 
Joints, Sciatica, Caked Breasts, Sore Throat, Tonsilitis, and in fact for all 
Aches and pains. * * * Apply a little to the Seat of pain;" (Tex-A-Tine 
ointment, jar) "Relief for Nasal Catarrh, Hay Fever, Eczema, Piles, Diseases 
of the Feet and Itching of the Skin."
On January 31, 1931, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the products be destroyed by the United States marshal.
ABTHUE M. HTDB, Secretary of Agriculture.