17973. Misbranding of McCormick's cold and pain salve.    U. S. v. 46 Jars of
McCormick's Cold and Pain Salve. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 25519. I. S. No. 14501. 
S. No. 3768.)
Examination of samples of a drug product, known as McCormick's cold and 
pain salve, having shown that the labels bore claims of curative and thera- 
peutic properties that the article did not possess, the Secretary of Agriculture 
reported to the United States attorney for the Northern District of Georgia 
the herein-described shipment of a quantity of the product located in Rome, Ga.
On or about January 6, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 46 jars of McCormick's cold and pain salve, remaining 
in the original unbroken packages at Rome, Ga., alleging that the article had 
been shipped by McCormick & Co. (Inc.), from Baltimore, Md., on or about 
November 23, 1930, and transported from the State of Maryland into the State 
of Georgia, 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 petrolatum 'containing volatile oils including camphor, 
menthol, pine oil, and thyme oil.
It was alleged in the libel that the article was misbranded in that the 
following statements appearing on the bottle and carton labels and in the 
accompanying booklet, regarding the curative and therapeutic effects of the 
said article, were false and fraudulent, since it contained no ingredient or 
combination of ingredients capable of producmg the effects claimed'. (Bottle) 
" For * * * Catarrh, etc. * * * For Eczema, * * * or other in- 
flammation of the skin. * * * McCormick's * * * pain Salve * * * 
For * * * Bronchitis, Pneumonia, etc. If pneumonia or other serious 
complications are suspected, call a physician at once. * * * Repeat treat- 
ment every three or four hours. Sore Throat, * * * Coughs, Whooping 
Cough;" (carton) "Pain Salve * * * Valuable in the treatment * * * 
Sore Throat, LaGrippe, Pneumonia, * * * Skin Irritations. * * * In- 
ternally, by the Inhalation of the wonderfully healing vapors which it evolves, 
McCormick's Salve penetrates the most minute recesses of the nose, throat, 
lungs and bronchial tubes, allaying pain and reducing inflammation wherever 
it reaches. * * * Useful in all forms of Inflammation such as Asthma, 
Bronchitis, Catarrh * * * Coughs, Hay Fever, La Grippe, Pneumonia, Sore 
Throat, Whooping Cough, * * * Boils and * * * Eczema, * * * 
Headache, Neuralgia, Rheumatism Piles;" (booklet) " Pain salve. Valuable 
in the treatment of * * * sore throat, La Grippe, Pneumonia, Aches and 
Pains, * ?* * Pain Salve is primarily an inhalent treatment for diseases 
of the lungs and air passages of an inflammatory character. The highly 
aromatic and healing vapors which it evolves, penetrate and carry their virtues 
to the most minute recesses of the affected orKans."
On January 27, 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.
' 
ABTHTJB M. HYDE, Secretary of Agriculture.