19670. Misbranding of Hoyt's Vapor-Ply, Hoyt's catarrhal jelly, and Hoyt's 
cold tablets. V. S. v. Hoyt Bros. (Inc.). Plea of guilty. Vine, 
975.     (F. & D. No. 27455.    I. S. Nos. 29915, 29916, 29917.)
This action was based on the interstate shipment of quantities of drug 
preparations, consisting of one lot each of Hoyt's Vapor-Ply, Hoyt's catarrhal 
jelly, and Hoyt's cold tablets. Examination of these products disclosed no 
ingredients or combinations of ingredients capable of producing certain curative 
and therapeutic effects claimed for them in the labeling.
On January 19, 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 an information 
against Hoyt Bros. (Inc.), a corporation, Newark, N. J., alleging shipment by 
said company, in violation of the food and drugs act as amended, on or about 
November 24, 1930, from the State of New Jersey into the State of Pennsyl- 
vania, of quantities of the said Hoyt's Vapor-Ply, Hoyt's catarrhal jelly, and 
Hoyt's cold tablets, which were misbranded.
Analyses of samples of the articles by this department showed that Hoyt's 
Vapor-Ply consisted essentially of petrolatum containing volatile oils including 
camphor, menthol, eucalyptol, thymol, and methyl salicylate; Hoyt's catarrhal 
jelly consisted essentially of petrolatum containing volatile oils including men- 
thol, camphor, and eucalyptol; Hoyt's cold tablets consisted essentially of 
acetanilide (1.95 grains per tablet), quinine sulphate, podophyllum resin, aloin, 
capsicum, camphor, and extracts of plant drugs including gelsemium.
The Vapor-Ply was labeled in part: (Jar) "Hoyt's Quality Products, Vapor- 
Ply * * * Directions Acute Bronchitis, Influenza, Congestion of the Lungs. 
* * * Sore Throat, * * * Whooping Cough," (carton) " Hoyt's Vapor- 
Ply Gives Relief in Asthma, Catarrh, * * * Croup, Sore Throat, Whooping 
Cough, Influenza, Muscular Rheumatism, * * * Chilblains." The catarrhal 
jelly was labeled in. part: (Tube) " Hoyt's * * * Catarrhal Jelly For Nasal 
Catarrh;" (carton) " Hoyt's Catarrhal Jelly * * * will * * * prevent 
the contraction of * * * Influenza, La Grippe, Sore Throat, etc." The 
cold tablets were labeled in part: (Box) "Hoyt's Cold Tablets For * * * 
Coughs, Influenza, etc. * * * Hoyt Bros., Inc. * * * Newark, New 
Jersey."
Misbranding of the said Hoyt's Vapor-Ply was alleged in the information 
for the reason that certain statements, designs, and devices regarding the 
curative and therapeutic effects of the article, appearing on the labels of the 
jars and cartons, falsely and fraudulently represented that it was effective as 
a relief for asthma, catarrh, croup, sore throat, whooping cough, influenza, 
muscular rheumatism, and chilblains, and effective as a treatment, remedy, 
and cure for acute bronchitis, influenza, congestion of the lungs, sore throat, and 
whooping cough, whereas it contained no ingredients or medicinal agents 
effective for the said purposes. Misbranding of the said Hoyt's catarrhal jelly 
was alleged for the reason that certain statements, designs, and devices, re- 
garding the curative and therapeutic effects of the article, appearing on the 
labels of the tubes and cartons, falsely and fraudulently represented that it 
was effective as a treatment, remedy, and cure for nasal catarrh, and effective 
as a preventive of influenza, la grippe, sore throat, coughs, and kindred affec- 
tions, whereas it contained no ingredients or medicinal agents effective for the 
said purposes. Misbranding of Hoyt's cold tablets was alleged for the reason 
that certain statements, designs, and devices regarding the curative and thera- 
peutic effects of the article, appearing on the box label, falsely and fraudulently 
represented that it was effective as a treatment, remedy, and cure for coughs 
and influenza, whereas it contained no ingredients or medicinal agents effective 
as a treatment, remedy, and cure for coughs or influenza.
On April 22, 1932, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $75.
ABTHTJB M. HYDE, Secretary of Agriculture.