18729, Misbranding of Teethina.    XT. S. v* 28 Dozen Boxes of Teethina.    De- 
fault decree of condemnation, forfeiture, and destruction.     (F. &
D. No. 26881.    I. S. No. 29244. ' S. No. 5070.)
Examination of a drug product, known as Teethina, having shown that the 
labeling contained statements representing that the article possessed curative 
and therapeutic properties, which in fact it did not possess, also that the 
product could not be considered safe and harmless as represented in the 
labeling, the Secretary of Agriculture reported to the United States attorney 
for the Eastern District of Ne'w York the interstate shipments herein de- 
scribed, involving a quantity of the article located at Brooklyn, N. Y.
On August 18, 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 28 dozen boxes of Teethina, remaining in the original packages 
at Brooklyn, N. Y., alleging that the article had been shipped by the C. J. 
Moffett Medicine Co., from Columbus, Ga., in part on or about June 4, 1931, 
and 4n part on or about June 29, 1931, and had been transported from the 
State of Georgia into the State of New York, and charging misbranding in 
Tiolation of the food and drugs act as amended.
Analysis of a sample of Teethina by this department showed that it con- 
sisted essentially of bismuth subnitrate, calcium carbonate, sodium citrate, 
?calomel, and sugar, flavored with ground cinnamon.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing in the circular were false and misleading: " It 
is * * * harmless. * * * ' Teethina' * * * is guaranteed to con- 
tain no harmful drugs of any description-it is so safe and harmless, * * * 
that mothers may use it freely with their babies from infancy until they get in 
their teens." It was alleged in substance in the libel that the article was 
further misbranded in that it contained no ingredient or combination of in- 
gredients capable of producing the effects claimed, and that the said claims 
were applied to the article knowingly or in reckless and wanton disregard of 
their truth or falsity, so as to represent falsely and fraudulently to purchasers 
and create in the minds of such purchasers the impression and belief that the 
article was, in whole or in part, composed of or contained ingredients or medi- 
cinal agents effective in the treatment of disease or the prevention thereof. 
The curative or therapeutic claims appearing in the labeling of the product 
which were quoted in the libel, were as follows: (Box) "Teething Powders 
Teethina * * * Directions * * * Diarrhea-Children under 2 yrs. 1 
powder every 4 hrs. until bowels are checked, * * * If child is over 2 yrs. 
give 1 powder every 3 hrs. until same result is obtained. Cholera Morbus- 
One powder every 2 hours until vomiting and purging cease or child becomes
quiet. Colic-Infants and children subject to frequent attacks, one powder 
two or three times a week, until the tendency to this painful trouble is over- 
come. When children are Fretting, Tossing and Wakeful at night from Worms 
or other irritations, give a powder every few nights until child rests quietly;" 
(circular) "For Diarrhea. Children under two (2) years of age, one (1) 
powder should be given every four hours until the bowels.are checked, * * * 
If the child is over two {2) years old, give one (1) powder every three hours 
until the same result is obtained. For Cholera Morbus. Give one powder every 
two (2) hours, until the vomiting and purging ceases or the child becomes quiet 
and rests. For Colic, To infants and children subject to frequent attacks of 
Colic, give a powder two or three times a week, until the tendency to this 
painful trouble has been overcome. Worms and Other Irritations. When 
children are fruiting, tossing and wakeful at night from a tendency to Worms or 
other irritations, give a powder every few nights until child rests quietly. 
Mother's baby is mother's prize possession, and she wants to be assured that 
whatever she gives baby will not only bring relief,   *   *   *."
On September 22, 1931, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHXJB M. HYDE, Secretary of Agriculture.