18035. Misbranding1 of menthol Inhalers.    IT. S. v. 5 Dozen Menthol Inhalers. 
Default    decree    of   condemnation,    forfeiture,   and   destruction.
(F. & D. No. 26018.    I. S. No. 28041.    S. No. 4288.)
Examination of menthol inhalers from the shipment herein described, having 
shown that the glass tube containing the article and the display card bore 
statements representing that the article possessed curative and therapeutic 
properties which it did not, the Secretary of Agriculture reported the matter 
to the United States attorney for the Eastern District of Pennsylvania.
On March 11, 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 5 dozen menthol inhalers, remaining in the original unbroken 
packages at Easton, Pa., consigned by the Coeur Azur Co., Brookyln, N. Y.,
alleging that the article had been shipped from Brooklyn, N. Y., on or about 
March 24, 1930, and had been transported from the f tate of New York into 
the State of Pennsylvania, and charging misbranding in violation of the food 
and drags act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted of a glass tube containing menthol.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative or therapeutic effects of the ?aid article, 
appearing in the labeling, were false and fraudulent, since it contained no 
ingredient or combination of ingredients capable of producing the effects 
claimed: (Inhaler label) "For the relief of * * * Headache;" (display 
card) "Relieves * * * Headache, Hay Fever, Asthma, Influenza, Neural- 
gia   *   *   *   Etc."
On April 1, 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.
ABTBTOB M. HYDE, Secretary of Agriculture.