19040. Adulteration and Misbranding of Iiav-O-Din. U. S. v. 11 Dozen 
Bottles of Lav-O-Din. Default decree of condemnation, forfei- 
ture, and destruction. (F. & D. No. 25674. I. S. No. 21000. S. No. 
3945.)
Examination of the drug product Lav-O-Din showed that the carton and 
bottle labels bore statements representing that the article possessed curative 
and therapeutic properties which it did not possess. The article was further 
represented to be antiseptic, whereas it was not.
On January 15, 1931, the United States attorney for the Eastern District 
of Wisconsin, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 11 dozen bottles of Lav-O-Din, remaining in 
the original unbroken packages at Milwaukee, Wis., alleging that the article 
had been shipped by the Western Chemical Co. (Inc.), Hutchinson, Minn., on 
or about December 9, 1930, and had been transported from the State of Minne- 
sota into the State of Wisconsin, 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 potassium iodide, sodium chloride, carbonate, alcohol, and 
water, flavored with cinnamon oil. Bacteriological examination showed that 
the product 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, (carton) "Iodine Antiseptic 
* * * No Germ Can Live In It * * * Kills Germs," (bottle) "Iodine 
Antiseptic * * * No Germ Can Live In It," and the strength of the said 
article fell below such standard, since it was not antiseptic.
Misbranding was alleged for the reason that the following statements appear- 
ing in the labeling were false and misleading: (Carton) "Ideal Iodine Anti- 
septic * * * No Germ can live in it * * * Kills Germs * * * 
laboratory tests show ' No germ can live in Lav-O-Din;' " (bottle) " Iodine Anti- 
septic * * * No Germ can live in it * * * prevents the Germ-Laden 
Toothbrush, * * * Laboratory tests show No Germ Can Live In Lav-O- 
Din." Misbranding was alleged for the further reason that the following 
statements regarding the curative or therapeutic effects of the article, appear- 
ing in the labeling, were false and fraudulent, since the said article contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Carton) "Wounds, Cuts * * * Boils, Sore Throat, Tonsilitis, 
Asthma, Catarrh, Hay Fever, * * * Pyorrhea, Eczema, Bleeding Gums, 
Trench Mouth * * * Dental Treatment For Pyorrhea * * * for sore 
throat, surgical dressings, * * * wounds, erysipelas. * * * heals bleed- 
ing gums and prevents pyorrhea,   *    *    *   Retards tooth decay;"   (bottle)
" Wounds, Cuts * * * Boils, Sore Throat, Tonsilitis, Asthma, Catarrh, Hay 
Fever, * * * Pyorrhea, Eczema, Bleeding Gums, Trench Mouth * * * 
pyorrhea, trench mouth, * * * spongy and bleeding gums—hold in the 
mouth from 3 to 5 minutes or apply on affected parts with gauze well satu- 
rated, allowing it sufficient time to produce its * * * antiseptic * * * 
action. * * * retards tooth decay and receding gums by its wonderful 
* * * antiseptic action. Also prevents the Germ-Laden Toothbrush, which 
is a menace to the health of the gums. * * * For infections, wounds, cuts, 
boils, abscesses, carbuncles, running sores, burns, erysipelas, itching eczema, 
piles in all forms, * * * In sore throat, tonsilitis, quinsy, * * * Nasal 
catarrh."
On November 10, 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.
ABTHTJB M. HYDE, Secretary of AffricuUure.