19050.  Misbranding of Dr.   Smiley's  Pyrozene.     U.   S.  v.  27  Bottles   of  Dr. 
Smiley's  Pyrozene.    Default  decree  of destruction.     (F.   &  D.  No.
26723.    I. S. No. 25529.    S. No. 4867.)
Examination of a drug product, known as Dr. Smalley's Pyrozene, from the 
shipment herein described having shown that the labeling 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 Western District of Missouri.
On June 30, 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 27 bottles of Dr. Smiley's Pyrozene, remaining in the original 
unbroken packages at Kansas City, Mo., alleging that the article had been 
shipped by the Smiley Medicine Co., from Augusta, Kans., on or about May 22, 
1930, 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 tannin, sodium chloride, and water.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing on the carton and bottle labels, 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: "Dr. Smiley's Pyrozene for Sore, Loose Teeth and Bleeding 
Gums, for Sore Throat * * * The most dreaded disease of the mouth is 
Pyorrhea. Pus forming in the Pyorrhea pockets is a common cause of indiges- 
tion and nervous exhaustion."
On December 14, 1931, no claimant having appeared for the property, a decree 
was entered by the court adjudging the product misbranded and ordering that 
it be destroyed by the United States marshal.
ABTHtJB M. HYDE, Secretary of Agriculture.