19175. Misbranding of Fayro.    V. S. v. 22  Gross Packages  of Fayro.    De- 
fault decree of condemnation, forfeiture, and destruction.     (F. &
D. No. 27055.    I. S. No. 38376.    S. No. 5266.)
The labeling of the drug product Fayro contained statements representing 
that the article, when used in the bath, would duplicate a hot springs bath in 
the home, and that it possessed curative and therapeutic properties. Examina- 
tion showed that it would not duplicate such baths and that it did not possess 
the curative and therapeutic properties claimed.
On October 10, 1931, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 22 gross packages of Fayro, remaining in the 
original unbroken packages at Newburgh, N. Y., alleging that the article had 
been shipped by the Atlantic City Sales Co. (Inc.), from Atlantic City, N. J., 
on or about October 16, 1930, 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 Epsom salt (86.5 per cent), table salt (13.2 per cent), and 
a trace of pine oil.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing in the labeling were false and misleading: 
(Booklet) "Fayro the Hot Springs Home Bath Treatment * * * We 
studied the analysis of the various hot springs when preparing the formula 
for Fayro * * * When we first started to work to prepare the formula 
for Fayro we obtained analyses of the waters and the active ingredients of 
twenty-two of the most famous hot springs throughout the world. * * * 
We adopted a formula that exactly duplicates a hot springs bath. * * * It 
readily enters through the skin and mixes with the water in and around the 
sweat glands. * * * When you put Fayro into your bath water you have 
recreated a hot springs bath in your own bath tub. * * * Most of the fat 
of the body lies just under the surface of the skin. * * * Fayro enters 
and dissolves the fatty tissues. * * * produced in small quantities, Fayro 
would cost several times its retail price. The body has absorbed * * * 
Fayro * * * during the treatment." It was further alleged in the libel 
that the product was misbranded in that the following statements appearing 
in the booklet were false and misleading, since the article contained no in- 
gredient or combination of ingredients capable of producing the effects claimed, 
and in that the said statements were applied to the article knowingly or in 
reckless and wanton disregard of their truth or falsity, so as to represent 
falsely and fraudulently that the article was, in whole or in part, composed 
of or contained ingredients or medicinal agents effective in the treatment of the 
diseases and conditions named therein: (Carton) "Is guaranteed to reduce 
weight two to four pounds in each bath;" (booklet) "One Fayro Bath each 
few days will prove very beneficial in rheumatic and gout cases. One Fayro 
Bath weekly is helpful as a general tonic to anyone. It enables you to keep 
your weight under control and helps you to stay fit and refreshed for the 
duties of social and business life. * * * Put the unopened bag of Fayro 
into the water. It will dissolve and while dissolving may be rubbed gently 
on chin, abdomen, legs or any part of the body you particularly wish to reduce. 
You will note nothing unusual for the first five to fifteen minutes. During this 
time Fayro is opening your pores and entering your skin to dissolve subsurface 
fat * * * You will note that this perspiration is not merely water. It is 
oily and greasy. * * * add some more hot water to the tub. Fayro works 
much more thoroughly and faster in hot water, so keep the temperature high. 
Stay in the bath from 20 to 30 minutes. * * * You have sweated away 
2 to 4 pounds of fat and poisons and tomorrow you will feel fine. * * * 
Rheumatism, Gout, Neuritis, Neuralgia because of the therapeutic effects of 
the hot water and the wonderful eliminative effects of Fayro it is highly rec- 
ommended in all cases of rheumatism, gout, neuritis, and neuralgia. Follow 
the directions, being sure to drink at least three glasses of water while in the 
bath.    *    *    *   Fayro Reduces Weight Where Desired.   After immersing your
body in your Fayro Bath and before the Bag of Fayro is entirely dissolved, 
firmly massage the parts you wish particularly to reduce with the cloth bag 
of Fayro.   Excellent results are obtained in this manner."
On December 8, 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.
AETHUE M. HYDE, Secretary of Agriculture.