19187. Adulteration and Misbranding of Kojene. TJ. S. v. 19% Dozen Small and 4% Dozen Large Packages of Kojene. Default decree of condemnation, forfeiture, and destruction. (F. & D. No. 27250. I. S. Nos. 37862, 37863, 37864. S. No. 5315.) Examination of a drug product, known as Kojene, from the shipments herein described showed that the labeling represented that the article pos- sessed curative and therapeutic properties that it did not possess. Examina- tion further showed that the article contained less of the active ingredient, oxyquinoline sulphate, than declared on the label, and that it did not possess the antiseptic properties claimed for it. On November 17, 1931, the United States attorney for the District of Dela- ware, 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 19% dozen small and 4% dozen large packages of Kojene, re- maining in the original unbroken packages at Wilmington, Del., alleging that the article had been shipped by the Kojene Products Corporation, from Buffalo,, N. Y., in part on or about April 30, 1931, and in part on or about June 15, 1931,. and had been transported from the State of New York into the State of Dela- ware, and charging adulteration and misbranding in violation of the food and drugs act as amended. Analyses of samples of the article by this department showed that it consisted essentially of small proportions of oxyquinoline sulphate (0.38 gram to 0.54 gram in 100 cubic centimeters) and water, flavored with methyl salicylate. Bac- teriological examination showed that the article was not antiseptic. It was alleged in the libel that the article was adulterated for the reason that it fell below the professed standard under which it was sold, namely, " Basic- Constituent (C8H,ON)2&S04 In Aqueous Dilution 1:100." Misbranding was alleged for the reason that the following statements appear-, ing in the labeling were false and misleading: (Carton) "Basic Constituent (CHfONhHiSO* In Aqueous Dilution 1:100 * * * Antiseptic Under Pro- longed Contact As Hereon Stated * * * Kojene is often recommended by- physicians and dentists as a mouth wash and a gargle for the throat as well as a spray for the nose;" (bottle) "Basic Constituent (CSHTON HZSO* In Aqueous Dilution 1: 100 * * * Antiseptic Under Prolonged Contact As. Hereon Stated * * * As a gargle use 1 part Kojene to 5 parts water. * * * Spray for the Nose: * * * For Use in the Mouth: * * * use 1 part Kojene and 5 parts lukewarm water. Hold this solution in the mouth for a minute or two, * * * Bad Breath: Use as a mouth wash * * * Douche: Three tablespoonfuls of Kojene in 1 quart warm water;" (circular accompanying portion) "Kojene is a powerful, non-poisonous, Antiseptic. Medical authorities say that its active principal has greater power to prevent germ infection than Bichloride of Mercury or Carbolic Acid * * * Al- though I have tried other Antiseptics, I find Kojene is the safest, best and most effective. * * * For many years, women have been told that in order to secure protection against germ infection, they must use Bichloride of Mercury, Carbolic Acid, or some other poison. * * * Remember the active principle, of Kojene has Greater Power to Prevent or Arrest Germ Infection than Carbolic Acid, yet it is Non-Poisonous and Absolutely Safe. * * * Kojene used as. directed * * * 3 tablespoonfuls to 1 quart of warm water;" (circulars, accompanying remainder) " Kojene is a non-poisonous, safe, dependable Anti- septic. * * * Although I have tried other Antiseptics, I find Kojene is the safest, best and most effective. * * * For many years, women have been told that in order to secure protection against germ infection, they must use Bichloride of Mercury, Carbolic Acid, or some other poison. * * * Kojene * * * Possessed Greater Power to Prevent or Arrest Germ Infection than Carbolic Acid, yet it is Non-Poisonous and Absolutely Safe * * * Kojene used as directed—3 tablespoonfuls to 1 quart of warm water." Misbranding was alleged for the further reason that the following statements appearing in the labeling, regarding the curative and therapeutic effects of the article, were false and fraudulent, since it contained no ingredient or combination of ingre- dients capable of producing the effects claimed: (Circular accompanying por- tion) "Kojene Protects Your Health and Life * * * 'Medical authorities tell us that 85 out of every 100 diseases from which folks suffer are caused by germs. To destroy these germs and prevent them from doing harm, Science has given us Antiseptics and Germicides. For instance, if your skin is scratched, cut or bruised, these deadly germs instantly invade the exposed tissue and failure to quickly stop germ development may prove fatal. Likewise, germs in a sore throat or mouth may produce diphtheria, tonsilitis, quinsy and other serious ailments requiring the prompt attention of your family doctor. To be safe, Always Have A Dependable Antiseptic Ready for Instant Use. Delays Are Dangerous.' * * * Kojene * * * It is used and prescribed by thous- ands of Physicians and Dentists for the relief of sore throat, bad tonsils, troublesome skin affections, * * * sores, * * * and prevent germ infec^ tion * * * to heal * * * bleeding gums and keep the mouth in a healthy condition. * * * Gargle for Sore Throat—Bad Tonsils Ordinary sore throat and inflamed tonsils will be promptly relieved by using Kojene as a gargle. * * * Catarrhal Conditions of Nose and Head * * * Itching of Eczema and Common Skin Affections * * * to keep the gums and tissues of the mouth in a clean, normal condition, use 1 part Kojene and 5 parts luke- warm water. * * * Prevents Any Unsightly Sores, Pimples or Redness. * * * Thousands of Physicians and Dentists use and recommend Kojene for sore throat, bad tonsils, catarrhal conditions, * * * various skin troubles, * * * heal bleeding gums, * * * a safe, dependable Antiseptic and its power to prevent or arrest germ infection when used as directed is vouched for by many eminent medical authorities. ' * * * Kojene. I don't want him to be without its great protection.' * * * ' I have been bothered with a skin eruption all my life and never secured permanent relief until I used Kojene.' ' * * * it protects us all, * * * ' For the Protection of Yourself—Your Children—Your Family— * * * Kojene Gives Security;" (circulars accom- panying remainder) " Kojene Protects Your Health and Life * * * Health and Medical authorities tell that 85 diseases out of every 100 from which folks suffer are caused by germs. To kill these germs and prevent their development, science has provided us with Germicides and Antiseptics. When your skin is scratched, cut, or bruised, failure to immediately stop germ infection may cause death. Likewise, germs in a sore throat or mouth may produce diphtheria, ton- silitis, quinsy and other diseases often fatal; hence, to be safe, Always Have an Antiseptic Ready for Instant Use. * * * Kojene * * * Thousands of Doctors and Dentists use and prescribe it for their patients. * * * Now, Kojene may have been recommended by your Physician for the relief of sore throat, tonsilitis, catarrh, troublesome skin affection, * * * or as a contin- uous wet dressing to heal a * * * sore * * * or prevent germ infec- tion. Or * * * the healing of a sore mouth, bleeding gums, or as a daily mouth wash to prevent Pyorrhea, * * * A slight scratch, cut, burn, or abrasion of the skin may become infected by germs, causing great suffering, and often death. * * * apply Kojene full strength. This will afford you such protection as only a powerful Antiseptic can give. * * * Gargle For Sore Throat—Bad Tonsils Ordinary sore throat and inflamed tonsils will be promptly relieved by using Kojene as a gargle. * * * Catarrhal Conditions of Nose and Head * * * Itching of Eczema and Common Skin Affections * * * to keep the gums and tissues of the mouth in a clean, normal condition, use 1 part Kojene and 5 parts lukewarm water * * * Prevents Any Unsightly Sores, Pimples or Redness * * * don't want him to be without its great protection. * * * ' I have been bothered with a skin eruption all my life and never secured permanent relief until I used Kojene.' * * * it protects us all, * * *, While these letters tell about the great power of Kojene, and how quickly it relieved some ailment like sore throat, tonsilitis, catarrh, eczema, * * * or healed some * * * old sore or abscess, we have not mentioned any one of these diseases, * * * For the Protection of Yourself—Your Children—Your Family—Kojene Gives Security." On December 31, 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. AETHUB M. HYDE, Secretary of Agriculture.