20351. Misbranding of radium ointment.    U.S. v. 11 Jars of Radium Oint¬
ment.    Default decree of condemnation, forfeiture, and destruc- 
tion.    (F. & D. no. 28366.   Sample no. 9565-A.)
The product involved in this action was represented to be a radium prepara- 
tion; the radium content of the article, however, was found to be negligible, 
any therapeutic effects resulting from its use being dependent upon other drugs 
present.
On June 9, 1932, the United States attorney for the Eastern District of Vir- 
ginia, 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 11 jars of radium ointment, remaining in the original unbroken 
packages at Norfolk, Va., alleging that the article had been shipped in inter- 
state commerce on or about May 5, 1932, by the Denver Radium Service, from 
Denver, Colo., to Norfolk, Va., and charging misbranding in violation of the 
Food and Drugs Act.
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of potassium carbonate, small proportions of isopropyl alcohol, 
quinine and volatile oils such as camphor, eucalyptol and menthol, soap, 
paraffin compounds, water, and a radioactive substance. The radium content 
was 13.4 millimicrograms per gram.
It was alleged in the libel that the article was misbranded in that its name, 
"Radium Ointment", was misleading, since it contained drugs other than 
radium, upon which drugs the therapeutic effect of the article would be 
dependent and not upon radium, since the radium content was negligible.
On November 10, 1932, 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.
R. G. TTJGWEIX, Acting Secretary of Agriculture.