19170. Misbranding of Ozo Mist.    U. S. v. 41%  Dozen Bottles of Ozo Mist. 
Consent decree of condemnation and forfeiture.    Product released 
¦   under bond.     (F. & D. No. 26103.    I. S. No. 28148.    S. No. 4404.)
Examination of samples of a drug product, known as Ozo Mist, from the 
shipment herein described showed that the article contained no ingredient or 
combination of ingredients capable of producing certain curative and thera- 
peutic effects claimed for it in the labeling. The labeling also bore an incor- 
rect declaration of the quantity or proportion of alcohol contained in the article.
On March 28, 1931, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 41% dozen bottles of Ozo Mist, remaining in 
the original unbroken packages at Pittsburgh, Pa., alleging that the article had 
been shipped by the Adson Chemical Co. (Inc.), Buffalo, N. Y., on or about 
October 25, 1930, and had been transported from the State of New York into 
the State of Pennsylvania, 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 including methyl salicylate, menthol, and 
eucalyptol (36 per cent by volume), alcohol (58 per cent by volume), and water.
It was alleged in the libel that the article was misbranded in that the package 
failed to bear a correct statement on the label of the quantity or proportion 
of alcohol contained therein, since the stated quantity was incorrect. Mis- 
branding was alleged for the further reason that the following statements ap- 
pearing on the label were false and fraudulent: (Bottle label) " For * * * 
Hay Fever, Catarrh, Asthma;" (carton label) " For * * * Hay Fever, 
Catarrh, Asthma; " (circular) " Only by checking the cold at the start, can you 
be safe against grippe, bronchitis, ' flu' or the many more serious illnesses that 
result from common colds. * * * is helpful in certain nasal and bronchial 
conditions, catarrh, Hay Fever and Asthma."
On November 16, 1931, the Adson Chemical Co. (Inc.), of New York, N. Y., 
claimant, having admitted the allegations of the libel and having consented to 
condemnation and forfeiture of the property, judgment was entered ordering 
that the product be released to the said claimant upon payment of costs and 
the execution of a bond in the sum of $100, conditioned that it be relabeled and 
that it should not be disposed of in violation of the Federal food and drugs act 
or the laws of any State, Territory, or insular possession of the United States.
ARTHTTR M. HYDE, Secretary of Agriculture.