19058. Misbranding of Elder Hook's healing: balm. U. S. v. 69 Packages 
of Elder Hook's Heallngr Balm. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 27244. I. S. No. 38931. 
S. No. 5388.)
Examination of a drug product, known as Elder- Hook's healing balm, from 
the shipment herein described having shown that the box label 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 District of Massachusetts.
On November 14, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 69 packages of Elder Hook's healing balm, remaining in the 
original unbroken packages at Boston, Mass., alleging .that the article had been 
opened by the A. Perley Fitch Co., from Concord, N. H., on or about July 22,
1931, and had been transported from the State of New Hampshire into the State 
of Massachusetts/ 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 a volatile oil such as pine-needle oil incorporated in an 
ointment base.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements 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: (Bottom label) "Direc- 
tions for Croup, Diphtheria, Bronchitis, Hacking Cough, Asthma or Phthisic, 
Weak or Sore Lungs, Canker in the Throat or Stomach, use internally and ex- 
ternally. For * * * Piles and Sores, apply outwardly;" (cover label) 
" Healing."
On December 7, 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 Agriculture.