19156. Misbranding of Duncan's Ozon. IT. S. v. 19 Dozen Small and 6 Dozen 
Large Bottles of Duncan's Ozon. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 26476. I. S. No. 25751. 
S. No. 4760.)
Examination of a drug product, known as Duncan's Ozon, from the shipment 
herein described showed that the article contained no ingredient or combina- 
tion of ingredients capable of producing certain curative and therapeutic 
effects claimed for it on the labeling.
On June 8, 1931, the United States attorney for the Middle District of Ten- 
nessee, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 19 dozen small and 6 dozen large bottles of Dun- 
can's Ozon, remaining in the original unbroken packages at Nashville, Tenn., 
alleging that the article had been shipped by the Duncan Co. (Duncan Chemical 
Co.), from St. Louis, Mo., on or about April 30, 1931, and from Maplewood, 
Mo., on or about March 23, 1931, and had been transported from the State of 
Missouri into the State of Tennessee, 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 pine oil.
The labeling of the article bore the following curative and therapeutic claims: 
(Bottle label, both sizes) "Rheumatism, Backache, Kidney and Bladder 
Trouble take 10 to 20 drops on sugar * * * Indigestion, Heart Burn, Acid 
Stomach, 5 to 15 drops in water before meals. For sore mouth, Riggs Disease 
or Pyorrhea, take small quantity in mouth and rinse gums 3 to 5 minutes.
* * * Itch * * * Ring Worms, Tetter; saturate thoroughly. * * * 
For Fistula;" (carton, both sizes) "Relieves Pains and Inflammation. An 
Invaluable Dressing for sores."
It was alleged in the libel that the article was misbranded in violation of 
section 8, paragraph 3, under drugs, in that the statements regarding the 
curative and therapeutic effects of the said article were false and misleading 
and deceived and misled the purchaser. (Paragraph 3 of section 8, under 
" Drugs " relates to drugs, the package or label of which shall bear or contain 
any statement, design, or device regarding the curative or therapeutic effects 
of such article, which is false and fraudulent.)
On or about January 19, 1932, no claimant having appeared for the property, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be destroyed by the United States marshal.
ABTBTDE M. HYDE, Secretary of Agriculture.