18944. Misbranding of S. B. Kitchel's liniment.     U. S. v. 4 Dozen 16-Ounce
Bottles and 2 Dozen 32-Ounce Bottles of S. B. Kitchel's Liniment. 
Default decree of condemnation, forfeiture, and destruction.    F. &
D. No. 27372.    I. S. Nos. 37921, 37922.    S. No. 5541.)
Examination of a drug product, known as S. B. Kitchel's liniment, from the 
shipments herein described having shown that the bottle labels and accompany- 
ing circular bore statements representing that the article possessed curative and
therapeutic properties which it did not possess, the Secretary of Agriculture 
reported the matter to the United States attorney for the Eastern District of 
Pennsylvania.
On December 14, 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 four dozen 16-ounce bottles and two dozen 32-ounce bottles of 
S. B. Kitchel's liniment, remaining in the original unbroken packages at Phil- 
adelphia, Pa., alleging that the article had been shipped by the S. B. Kitchel Co., 
from Coldwater, Mich., on or about March 2 and August 28, 1931, and had been 
transported from the State of Michigan into the State of Pennsylvania, 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 ammonia (4 per cent), sodium and potassium carbonates 
(1 per cent), traces of iron sulphate and tannin, and water (approximately 
95 per cent).
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding the curative and therapeutic effects of the said 
article, appearing in the labeling, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed:    (Bottle   labels)    "For   nervousness,   exhaustion   and   sleeplessness
* *    *   For rheumatism, all aches and pains   *    *    *    inflammations, etc.,
* * * It will heal rapidly and will not swell up or be sore. * * * For 
sore throat * * * lameness, etc. * * * For thrush * * * For con- 
tracted feet * * * For sore throat and thick glands * * * for bad legs 
and lameness;" (circular) "One often prefers to endure afflction * * * 
Kitchel's     Liniment   *    *    *    approaches   *    *    *    a     universal     panacea
* * * ' We have used liniments, and medicated oils, salves and ointments, 
pain cures, pain killers and rheumatic remedies but never anything equal to 
Kitchel's Liniment.' * * * For Rheumatism, Lameness, Stiff Joints, * * * 
Lame Back, Saltrheum, * * * Wounds, * * * Toothache, * * * 
Sore Throat, * * * Itch, Dandruff, * -* * Contracted Muscles, all Pain 
and   Inflammation.    Directions-For    Rheumatism,    *    *    *    Aches,     Pains,
* *    *    while   swelling   or   pain   lasts.    *    *    *   for   all    *    *    *   injuries
* * * But it is rarely used on beasts full strength unless * * * there is 
deep seated lameness. Remember always, that some injuries require stronger 
applications   than   others,    *    *    *    For   Sore   Throat   *    *    *   For   Hair
* * * It * * * prevents it from falling * * * its equal in producing 
power of endurance and quick action of muscles is absolutely unknown to the 
athletic profession."
On January 12, 1932, 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.
ABTHUB M. HTUE, Secretary of Agriculture.