18507. Misbranding of Ointrex Rub-Inhalant. TJ. S. v. 34 Jars, et al., of 
Ointrex Rub-Inhalant. Default decree of condemnation, for- 
feiture, and destruction. (P. & D. No. 24740. I. S. No. 026600. S. No. 
3098.)
Examination of a drug product, known as Ointrex Rub-Inhalant, having 
shown that the jar and carton labels and the accompanying circular bore 
statements representing that the article possessed curative and therapeutic 
properties which it did not possess, the Secretary of Agriculture reported to the 
United States attorney for the district of Massachusetts the shipment herein 
described, involving a quantity of the product located at Boston, Mass.
On April 30, 1930, the United States attorney filed in the district court of the 
United States for the district aforesaid a libel praying seizure and condemnation 
of thirty-four 1%-ounce jars and six 3%-ounce jars of Ointrex Rub-Inhalant, 
remaining in the original unbroken packages at Boston, Mass., alleging that the 
article had been shipped by the Toledo Rex Spray Co., from Toledo, Ohio, on or
about April 10, 1930, and had been transported from the State of Ohio into 
the State of Massachusetts, 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 an ointment with a petrolatum base containing volatile oils 
including camphor, menthol, pine needle oil, and methyl salicylate.
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 said article, 
appearing in the labeling, were false and fraudulent, since the article contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Jar label) "A scientifically developed ointment to relieve * * * 
Catarrh    *    *    *   Respiratory   and   Surface   Inflammation   and   Congestion.
* *    *   To relieve Congestion and Inflammation of the Respiratory Organs
* *    *    Influenza, LaGrippe, Croup, Asthma, Catarrh,    *    *;    *    Hay Fever.
* * * Sore Throat, * * * Whooping Cough, Catarrh, Asthma and Hay 
Fever. * * * as a Liniment or Dressing * * * Headache;" (carton) 
" A scientifically developed ointment to relieve colds, to arrest their development 
and prevent complicat'ons and serious consequences * * * To Relieve Con- 
gestion and Inflammation of the Respiratory Organs * * * Influenza, La- 
Grippe, Croup.i Asthma, Catarrh, * * * Hay Fever;" (circular) "Keep 
Them Healthy. A Scientific Developed Ointment to Relieve Colds, to Arrest 
Their Progress and Prevent Complications and Serious Consequences. Use 
Ointrex to Check * * * Croup * * * Coughs * * * Whooping 
Cough    *     *    *    Headaches    *    *    *    Asthma    *     *    *    Nasal    Catarrh
* * * Directions for Using and Applying Ointrex. Congestion or Inflamma- 
tion of the Air Ducts. * * * Ointrex. It lubricates and holds within, inha- 
lents that relieve the nasal passage and prevent the formation of excessive mucus 
to carry infection to the throat, lungs and stomach.    *    *    *    Those susceptible
* * * who suffer from nasal catarrh will do well to make this simple test 
of Ointrex. In no more than five minutes it will demonstrate its healing and pro- 
tective virtues. * * * Ointrex used in this manner as a preventative and 
relief * * * for nasal catarrh * * * Neglected colds cause tens of 
thousands of deaths every year."
On December 2, 1980, 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.
AETHXJB M. HYDE, Secretary of Agriculture.