18513. Adulteration and Misbranding of Blackstone's tootb paste. U. S. v. 
15 Dozen Tubes of Tootb. Paste. Default decree of forfeiture and 
destruction.    (F. & D. No. 25859.    I. S. No. 12001.    S. No. 4095.)
Examination of the tooth paste from the shipment herein described having 
shown that it was represented to be antiseptic, whereas it was not, also that 
the tube and carton labels and the accompanying circular bore statements 
representing that the article possessed curative and therapeutic properties 
which it did not posses?, the Secretary of Agriculture reported the matter to 
the United States attorney for the district of Idaho.
On February 4, 1931, 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 15 dozen tubes of tooth paste, remaining in the original packages 
at Pocatello, Idaho, alleging that the article had been shipped by the Black- 
stone Manufacturing Co., from Newark, N. J., on or about May 4, 1928, and had
been transported from the State of New Jersey into the State of Idaho, and 
charging adulteration and 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 compounds of calcium, magnesium, and zinc, carbonates, 
glycerin, soap, and water, colored with a red dye. Bacteriological examination 
showed that the article was not antiseptic.
It was alleged in the libel that the article was adulterated in that it was sold 
under the following standard of strength, "Antiseptic," whereas the strength 
of the article fell below such professed standard, since it was not an antiseptic 
article.
Misbranding was alleged for the reason that the statement on the carton, 
"An antiseptic dentifrice," was false and misleading, since the article was not 
antiseptic. It was further alleged in the libel that the article was misbranded 
in violation of paragraph 3 of section 8 of the act as amended, in that the 
statements on the tube, carton, and circular, regarding the curative or thera- 
peutic effects of the article (tube), "Prevents decay and hardens the gums," 
(carton) " It helps to stop the bleeding of the gums and hardens same," and 
(circular) "(Prevent pyorrhea * * * to check pyorrhea and restore the 
gums to normalcy eat some coarse food each day such as hard dry toast and brush 
your teeth frequently with Blackstone's Tooth Paste," were false and mislead- 
ing and deceived and misled the purchaser, since the article contained no ingre- 
dient or combination of ingredients capable of producing the effects claimed. 
Paragraph 3 of section 8 of the act as amended, in the case of drugs, brings 
within the provisions of the law articles of drugs, the package or label of which 
bears or contains any statement, design, or device, regarding the curative or 
therapelitic effect of the article, or any ingredient or substance contained 
therein which is false and fraudulent. The above-quoted curative and thera- 
peutic claims from the labeling were deemed by this department to be false and 
fraudulent, and such charge was recommended to the United States attorney.
On June 29, 1931, no claim having appeared for the property, judgment of 
forfeiture was entered and it was ordered by the court that the product be 
destroyed by the United States marshal.
ABTHUB M. HYDE, Secretary of Agriculture.