19657. Adulteration and Misbranding of antiseptic solution and Sardi- 
ne month wash. U. S. v. 24 Dozen Bottles of Antiseptic Solution, 
et al. Default decrees of destruction entered. (F. & D. Nos. 28235, 
28236.    I. S. Nos. 50060, 50061.    S. No. 6085.)
These actions involved an interstate shipment of antiseptic solution, which 
was represented to meet the requirements of the National Formulary, and 
which was found to contain more alcohol and less boric acid than prescribed 
in the said formulary; and a shipment of San-I-Cide mouth wash, which was 
represented to be an antiseptic, and which examination showed was not anti- 
septic when used as directed. Examination also showed that the articles would 
not produce certain curative and therapeutic effects claimed in the respective 
labeling.
On April 27, 1932, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid libels praying seizure and 
condemnation of 24 dozen bottles of antiseptic solution and 48 dozen bottles 
of San-I-Cide mouth wash at Columbus, Ohio, alleging that the articles had 
been shipped in interstate commerce, on or about March 4, 1932, by LaPompa- 
dour (Inc.), from Minneapolis, Minn., to Columbus, Ohio, and charging adulter- 
ation and misbranding in violation of the food and drugs act as amended.
Analyses of samples of the articles by this department showed that the anti- 
septic solution consisted essentially of boric acid (0.5 gram per 100 cubic 
centimeters), alcohol (by volume 39 per cent), volatile oils, and water; and 
that the San-I-Cide mouth wash consisted essentially of small proportions of 
formaldehyde and zinc chloride, glycerin, alcohol (by volume 8.3 per cent), 
and water flavored with cinnamon oil and colored with a red dye. Bacteriological 
examination showed that the article was not antiseptic.
Adulteration of the antiseptic solution was alleged in the libel for the reason 
that it was sold under a name recognized in the National Formulary, "anti- 
septic solution (liquor antisepticus)," and differed from the standard of 
strength, quality, or purity as determined by the test laid down in the said 
formulary, since analysis showed that it contained 38 per cent of alcohol and 
0.5 gram of boric acid per 100 cubic centimeters, whereas the formulary pre- 
scribes that antiseptic solution should contain 28 per cent of alcohol and 2% 
grams of boric acid per 100 cubic centimeters in addition to other ingredients. 
Adulteration of the antiseptic solution was alleged for the further reason that 
its strength fell below the professed standard or quality under which it was 
sold, namely, "Contains 28% Alcohol." Adulteration of the San-I-Cide mouth 
wash was alleged for the reason that it fell below the professed standard of 
strength under which it was sold, namely, " San-I-Cide Mouth Wash * * * 
An Effective * * * Antiseptic," since it was not an antiseptic when used 
as directed on the label for mouth wash, gargle, spray, or douche.
Misbranding of the antiseptic solution was alleged for the reason that the 
statements, "Antiseptic Solution (Liquor Antisepticus) * * * Contains 
28% Alcohol Manufactured According to National Formulary Fifth Edition," 
were false and misleading, and for the further reason that the statements 
regarding its curative or therapeutic effects, " Sore Throat—Gargle either 
diluted with water or full strength," appearing on the label, were false and 
fraudulent, since the article contained no ingredient or combination of ingredi- 
ents capable of producing the effects claimed. Misbranding of the said fungi- 
cide mouth wash was alleged for the reason that the statements on the label, 
" San-I-Cide Mouth Wash * * * An Effective * * * Antiseptic * * * 
Contains * * * well known antiseptics * * * San-I-Cide is a pleas- 
ant, penetrating antiseptic mouth wash," were false and misleading when 
applied to an article which was not antiseptic when used as directed. Mis- 
branding was alleged with respect to the said San-I-Cide mouth wash for the 
further reason that the following statements appearing on the label, regarding 
the curative or therapeutic effects of the article, were false and fraudulent, 
since the said article contained no ingredient or combination of ingredients 
capable of producing the effects claimed: " It makes the gums firm, healthy, 
and prevents receding. Aids in treating and preventing pyorrhea. Used as a 
spray or as a gargle, San-I-Cide gives relief in treating sore throat, tonsi- 
llitis. * * * is of great value in guarding against influenza, grippe, * * * 
and other infectious diseases. * * * The daily use of San-I-Cide will 
keep * * * the gums firm and healthy, * * * and by keeping the 
tissues of the mouth and throat in a firm and healthy condition will guard the 
entire system against contagion and disease. * * * A small quantity added 
to water when brushing the teeth will make the gums firm, * * * Will 
keep the tissue of the mouth and throat in a healthy condition. Bleeding 
Gums—Use as a mouth wash three times a day. Sore Throat and Tonsi- 
litis—Dilute with an equal amount of hot water and use as a gargle or 
spray.    *    *    *    Sore Mouth—Use full strength as a wash."
On June 22, 1932, no claimant having appeared for the property, judgments 
were entered ordering that the products be destroyed by the United States 
marshal.
AETHXTR M. HYDE, Secretary of Agriculture.