19668. Adulteration and Misbranding of Lar-Io-Ben.    V. S. v. 66 Packages
of Lar-Io-Ben.    Default  decree  of condemnation, forfeiture, and 
destruction.     (F. & D. No. 28243,    I. S, No. 43942.    S. No. 6110.)
Examination of the drug product, Lar-Io-Ben involved in this action, showed 
that the article contained no ingredient or combination of ingredients capable 
of producing certain curative and therapeutic effects claimed for it on the bottle 
label and carton. The article was also represented to be antiseptic, whereas 
it was not antiseptic when used as directed.
On April 25, 1932, the United States attorney for the District of New Jersey, 
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 66 packages of the said Lar-Io-Ben, remaining in the 
original unbroken packages at Newark, N. J., alleging that the article had 
been shipped in interstate commerce in various consignments, on or about 
January 16, February 17, and March 26, 1932, by the Marvell Pharmacal Co. 
(Inc.), from New York, N. Y., to Newark, N. J., and charging adulteration and 
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 small proportions of sodium chloride, iodides, benzyl 
alcohol, and gallic acid, and glycerin and water, flavored with vanillin. 
Bacteriological examination showed that the article was not antiseptic when 
diluted with five or more parts of water.
It was alleged in the libel that the article was adulterated in that its strength 
fell below the professed standard or quality under which it was sold, namely: 
"Antiseptic * * * Dilute one part of Lar-Io-Ben with five or more parts of 
water, as instructed by your physician, for nasal douche, spray, gargle, or mouth 
wash." Misbranding was alleged for the reason that the following statements 
appearing on the carton and bottle label were false and misleading: (Carton) 
"Antiseptic * * * Antiseptic for Nose, Throat and Mouth;" (bottle) 
" Lar-Io-Ben * * * is a concentrated, antiseptic, * * * solution. * * * 
Directions:—Dilute one part of Lar-Io-Ben with five or more parts of water." 
Misbranding was alleged for the further reason that the following statements 
regarding the curative and therapeutic effects of the article, appearing on the 
carton and bottle label, were false and fraudulent, since the said article con- 
tained no ingredient or combination of ingredients capable of producing the 
effects claimed: (Carton) "A Prophylactic and Antiseptic Frequently Indicated 
for the Treatment of Diseases of the Nose, Throat and Mouth. * * * 
Antiseptic For Nose, Throat and Mouth A Prophylactic Against Infection;" 
(bottle) " It is a prophylactic against nasal, laryngeal and oral bacterial 
invasion, and is frequently indicated in acute and chronic tonsillitis, pharyngitis, 
laryngitis and rhinitis."
On June 13, 1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.