19041. Misbranding of Norwich dental cream.    U. S. v. 48 Dozen Tubes of 
Norwich  Dental   Cream.    Default   decree  of  destruction   entered,
(F. & D. No. 26853.    I. S. No. 35372.    S. No. 5038.)
Examination of samples of Norwich dental cream showed that the article did 
not possess certain curative and therapeutic properties claimed for it on the 
tube and carton labels, also that it contained less alcohol than labeled.
On August 7, 1931, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying: 
seizure and condemnation of 48 dozen tubes of Norwich dental cream, remaining^ 
in the original unbroken packages at Kansas City, Mo., alleging that the article 
had been shipped by the Norwich Pharmacal Co., from Norwich, N. Y., on or 
about July 16, 1931, and had been transported from the State of New York into- 
the State of Missouri, 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 soap, calcium carbonate, a borate, a small proportion of 
emetine, alcohol (13 per cent by weight), and water, flavored with peppermint oil.
It was alleged in the libel that the article was misbranded in that the state- 
ment, "Alcohol 18%," appearing on the tube containing the said article, was 
false and misleading, since it contained less than 18 per cent of alcohol. Mis- 
branding was alleged for the further reason that the following statements re- 
garding the curative and therapeutic effects of the article, appearing in the la- 
beling, were false and fraudulent, since the said article contained no ingredient 
or combination of ingredients capable of producing the effects claimed: (Tube) 
"Preserves * * * the teeth;" (carton) "Preserves * * * The Teeth. 
Helps Prevent Decay * * * and Pyorrhea * * * Helps Keep The Gums 
Firm and Healthy."
On September 30, 1931, no claimant having appeared for the property, judg- 
ment was entered finding the product misbranded and ordering that it be de- 
troyed by the United States marshal.
AETHTJE M. HYDE, Secretary of Agriculture.