19038. Adulteration and Misbranding of Kojene. U. S. v. 12 Dozen Paelc- ages, et al., of Kojene. Default decrees of condemnation, for- feiture, and destruction. (F. & D. Noa 27028, 27029. I. S. Noa. 37907, 37928, 37929. S. Nos. 5214, 5227.) Examination of the labeling and composition of the drug product Kojene having shown that the article was represented to possess curative and thera- peutic properties which it did not possess, also that it contained less of the active ingredient, oxyquinoline sulphate, than declared on the label, the Secretary of Agriculture reported the matter to the United States attorney for the Eastern District of Pennsylvania. On October 2, 1931, the United States attorney filed in the District Court of the United States for the district aforesaid libels praying seizure and con- demnation of 30 dozen packages of Kojene, remaining in the original un- broken packages at Lancaster, Pa., and Philadelphia, Pa., respectively, alleg- ing that the article had been shipped by the Kojene Products Corporation, from Buffalo, N. Y., in part on or about June 16, 1931, and in part on or about August 11, 1931, and had been transported from the State of New York into the State of Pennsylvania, and charging adulteration and misbranding in vio- lation 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 oxyquinoline sulphate (0.58 gram per 100 milliliters), and water, flavored with essential oils. Bacteriological examination showed that the article was not a germicide. Adulteration of the said Kojene was alleged in the libels for the reason that it fell below the professed standard under which it was sold, namely, " Basic Constituent (CsHrONhHjSO* In Aqueous Dilution 1:100." Misbranding was alleged for the reason that the following statements in the labeling were false and misleading: (carton) "Basic Constituent (CH-ONhHsSOi In Aqueous Dilution 1:100 * * * Antiseptic Under Prolonged Contact as Hereon Stated * * * Kojene is often recommended by physicians and dentists as a mouth wash and a gargle for the throat as well as a spray for the nose;" (bottle label) "Basic Constituent (CsHTONhHsSOi In Aqueous Dilution 1:100 * * * Antiseptic Under Prolonged Contact as Hereon Stated * * * As a gargle use 1 part Kojene to 5 parts wa- ter. * * * Spray for the Nose: * * * For Use in the Mouth: * * * use 1 part Kojene and 5 parts lukewarm water. Hold this solution in the mouth for a minute or two, * * * Bad Breath: Use as a mouth- wash * * * Douche: Three tablespoonfuls of Kojene in 1 quart warm water;" (circular) "Kojene is a powerful, non-poisonous, Antiseptic. Medi- cal authorities say that its active principle has greater power to prevent germ infection than Bichloride of Mercury or Carbolic Acid * * * Although I have tried other Antiseptics, I find Kojene is the safest, best and most ef- fective.' * * * For many years, women have been told that in order to secure protection against germ infection, they must use Bichloride of Mercury, Carbolic Acid, or some other poison. * * * Remember the active principle of Kojene has Greater Power to Prevent or Arrest Germ Infection than Car- bolic Acid, yet it is Non-Poisonous and Absolutely Safe. * * * Kojene used as directed * * * 3 tablespoonfuls to 1 quart of warm water." Mis- branding was further alleged for the reason that the following statements appearing in the labeling, regarding the curative or therapeutic effects of the said article, were false and fraudulent, since it contained no ingredient or combination of ingredients capable of producing the effects claimed. "Kojene Protects Your Health and Life * * * 'Medical authorities tell us that 85 out of every 100 diseases from which folks suffer are caused by germs. To destroy these germs and prevent them from doing harm, Science has given us Antiseptics and Germicides. For instance, if your skin is scratched, cut or bruised, these deadly germs instantly invade the exposed tissue and failure to quickly stop germ development may prove fatal. Likewise, germs in a sore throat or mouth may produce diphtheria, tonsilitis, quinsy and other serious ailments requiring the prompt attention of your family doctor. To be safe, Always Have A Dependable Antiseptic Ready For Instant Use. De- lays Are Dangerous.' * * * Kojene * * * It is used and prescribed by thousands of Physicians and Dentists for the relief of sore throat, bad tonsils, troublesome skin affections, * * * sores, * * * and prevent germ in- fection. * * * to heal * * * bleeding gums and keep the mouth in a healthy condition. * * * Gargle for Sore Throat—Bad Tonsils. Ordinary sore throat and inflamed tonsils will be promptly relieved by using Kojene as a gargle. * * * Catarrhal Conditions of Nose and Head. * * * Itch- ing of Eczema and Common Skin Affections. * * * to keep the gums and tissues of the mouth in a clean, normal condition, use 1 part Kojene and 5 parts luke-warm water. * * * Prevents Any Unsightly Sores, Pimples or Redness. * * * Thousands of Physicians and Dentists use and recom- mend Kojene for sore throat, bad tonsils, catarrhal conditions. * * * vari- ous skin troubles, * * * heal bleeding gums, * * * a safe, dependable Antiseptic and its power to prevent or arrest germ infection when used as directed is vouched for by many eminent medical authorities. * * * «Ko- jene. I don't want him to be without its great protection.' * * * • I have been bothered with a skin eruption all my life and never secured permanent relief until I used Kojene.' * * * ' It protects us all.' * * * For the Protection of Yourself—Your Children—Your Family * * * Kojene Gives Security." On November 2, 1931, no claimant having appeared for the property, judg- ments of condemnation and forfeiture were entered, and it was ordered by the court that the product be destroyed by the United States marshal. AETHTJE M. HYDE, Secretary of Agriculture.