.19167. Misbranding of J & J analgesic. V. S. v. 5 Dozen Packages of 
J & J Analgesic. Consent decree of condemnation and forfei- 
ture.    Frodnct released nnder bond and subsequently destroyed.
(F. & D. No. 26944.    I. S. No. 38169.    S. No. 5151.)
Examination of J & J analgesic from the shipments 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 Eastern 
District of New York.
On September 10, 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 five dozen packages of J & J analgesic, remaining in the orig- 
inal packages at Brooklyn, N. Y., consigned by Johnson & Johnson, New Bruns- 
wick, N. J., alleging that the article had been shipped from New Brunswick, 
N. J., in part on or about July 29, 1931, and in part on or about August 15. 
1931, and had been transported from the State of New Jersey into the State of 
New York, 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 volatile oils (11.8 per cent) including menthol, camphor, 
and methyl salicylate, boric acid (0.5 per cent), gummy material such as Irish 
moss (22.1 per cent), and water (65.6 per cent).
It was alleged in the libel that the article was misbranded in that the fol 
lowing statements regarding the curative or therapeutic effects of the said 
article, appearing in the labeling, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Tube label) "For the relief of Headache, Neuralgia, Rheumatism, 
Lumbago, Laryngitis, Sore Throat, and other conditions requiring the use of 
a local anodyne. Directions— * * * If relief is not obtained in half an 
hour, repeat the application; " (carton) " For the relief of Headache, Neuralgia, 
Rheumatism, Lumbago, Laryngitis, Sore Throat, and other conditions requiring 
the use of a local anodyne. Directions— * * * If relief is not obtained 
in half an hour, repeat the application, after washing the part again with 
warm or tepid water; " (circular) "With the peculiar, anti-rheumatic potency 
of methyl salicylate. * * * being a thing the effectiveness of which can 
be more readily demonstrated than described, will demonstrate its value as a 
local anodyne by even the most casual test in certain types of headache, 
neuralgia, lumbago, sciatica, myalgia, rheumatism, sprains, and other condi- 
tions characterized by local nerve irritation. Directions For Use: Without 
attempting to explain how or why, it is a fact amply proven by experience 
that many headaches, particularly those commonly designated as ' sick head- 
aches,' can be quickly relieved by * * * Neuralgia In neuralgia * * * 
should be well rubbed in, * * * along the course of the affected nerve to 
its point of origin. Rheumatism In rheumatism, sciatica and lumbago. In the 
muscular variety, particularly of rheumatism, * * * has proven highly 
efficacious. It * * * Sore Throat, Laryngitis In sore throat and in laryn- 
gitis, rub    *    *    *   into the fruit, sides and back of the neck."
On October 29, 1931, Johnson & Johnson, New Brunswick, N. J., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $100. The bond 
was conditioned that the article might be relabeled so that it comply with 
the Federal food and drugs act, otherwise that it be destroyed. The claimant 
having so elected, the product was destroyed under the supervision of this 
department.
ARTHUR M. HYDE, Secretary of Agriculture.