20362. Adulteration and Misbranding of F. W. McNess' Extract of Cod 
Liver Oil-Tonic and Misbranding of Pain Oil and Mentboform. 
U.S. v. 196 Dozen Bottles of Pain Oil, et al. Consent decree of 
condemnation and forfeiture. Product released under bond to 
be relabeled. (F, & D. nos. 27909, 27992. I.S. nos. 42337, 42338, 42349. 
S. nos. 5933, 6047.)
Examination of the drug preparations Pain Oil and Menthol of, two of the 
products covered by these cases, disclosed that the articles contained no in- 
18493—33 2
gredients or combinations of ingredients capable of producing certain curative 
and therapeutic effects claimed in the labeling. The remaining product, known 
as McNess' Extract of Cod Liver Oil-Tonic was found, upon examination, to 
contain no appreciable amount, if any, of vitamin D, one of the two thera- 
peutically important constituents of cod-liver oil.
On March 14 and April 11, 1932, the United States attorney for the District 
of Maryland, acting upon reports by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid libels praying 
seizure and condemnation of 196 dozen bottles of Pain Oil, 100 dozen bottles 
of Menthoform, and 137 dozen bottles of McNess' Extract of Cod Liver Oil- 
Tonic. It was alleged in the libels that the said Pain Oil and Menthoform had 
been manufactured by the Furst-Mess Co., of Freeport, Ill.; that the said 
products and a .consignment of McNess' Extract of Cod Liver Oil-Tonic, had 
been shipped in interstate commerce on or about February 19, 1932, by Furst 
& Thomas Co., from Freeport, Ill., to Baltimore, Md., where they remained in 
the original unbroken packages; that the said McNess' Extract of Cod Liver 
Oil-Tonic was adulterated and misbranded in violation of the Food and Drugs 
Act; and that the Pain Oil and Menthoform were misbranded in violation 
of the said act as amended.
Analyses of samples of the articles by this Department showed that the 
Extract of Cod Liver Oil-Tonic consisted essentially of calcium, sodium, iron, 
manganese, and potassium compounds, hypophosphites, alkaloids of nux vomica, 
quinine, malt extract, alcohol (17.3 percent by volume), sugar, and water. 
Biological examination showed that the article did not possess any vitamin-D 
potency. The Pain Oil consisted essentially of volatile oils, including mustard 
oil, methyl salicylate, and eucalyptol, alcohol (60 percent by volume), and 
water. The Menthoform consisted essentially of small proportions of volatile 
oils, including cassia oil and menthol, formaldehyde, glycerin, alcohol, and 
water, colored with a red dye.
Adulteration of the said McNess' Extract of Cod Liver Oil-Tonic was alleged 
in the information for the reason that its strength fell below the professed 
standard under which it was sold, namely: (Bottle label and circular) "Ex- 
tract of Cod Liver Oil-Tonic"; (bottle label) "A * * * Preparation 
of an Extract of Cod Livers "; (circular) "A * * * Tonic combining the 
active principles of Cod Livers * * * It is a tonic containing the well 
known properties of the Extract of Cod Livers."
Misbranding of the said McNess' Extract of Cod Liver Oil-Tonic was alleged 
for the reason that the following statements appearing in the labeling were 
false and misleading: (Bottle label) "Extract of Cod Liver Oil-Tonic * * * 
A * * * Preparation of an Extract of Cod Livers"; (circular) "Extract 
of Cod Liver Oil-Tonic * * * A * * * Tonic combining the active 
principles of Cod Livers freed from objectionable fats and oils, * * * Ex- 
tract of Cod Liver Oil-Tonic is more than a mere tonic. It is a tonic containing 
the well known properties of the Extract of Cod Livers, * * * We do not 
represent this preparation to have the reconstructive properties of Cod Liver 
Oil but do append the next paragraph as a matter of general information. Cod 
Liver Oil has been regarded by physicians for many years as possessing re- 
markable nutritive and flesh building properties, but on account of its disagree- 
able and nauseating taste and smell few people who really needed it could 
take it or assimilate it."
Misbranding of the said Pain Oil was alleged for the reason that the follow- 
ing statements appearing on the bottle label and in an accompanying circular 
were false and fraudulent: (Label) "Pain Oil * * * Apply as a Liniment 
for Rheumatic Pains, * * * Toothache, Earache * * * Chilblains, 
Pains * * * Take internally in water for Cramps, Pains, Hiccoughs, Diar- 
rhoea"; (circular) "Pain Oil A valuable preparation for allaying pain. For 
external and internal use. * * * For External Use * * * for allaying 
the pain of * * * Sciatic * * * for relieving Muscular Rheumatism, 
for * * * Sterilizing and reducing Inflammation of Cuts, Wounds, * * * 
Chilblains, * * * For Internal Use Take internally in water for Cramps, 
Pains, Hiccoughs, Diarrhoea * ,* * Stop The Pain With Pain Oil * * * 
Pain Oil ' Good For Most Everything That Hurts' * * * The prime con- 
sideration that confruits one in the treatment of cuts and flesh wounds is 
the ever present danger of blood poisoning. In dealing with a flesh wound 
keep clearly in your mind the fact that poison and disease breeding germs 
are everywhere—in the atmosphere, in the ground, in the patient's clothes, 
on his flesh, on your hands and in the water with which you may be tempted
to wash the wound. Punctured Wound (Tack, Nail, Splinter or Thorn). Ex- 
tract the nail, or whatever it is that has caused the wound. Pour Mess 
Pain Oil over the wound and then squeeze in warm water to encourage bleed- 
ing. If pain and swelling follow, saturate absorbent cotton with Pain Oil 
and bandage on wound with sterilized gauze. Keep dressing on until soreness 
subsides, wetting it with Pain Oil, as often as it becomes dry. In nail wounds, 
Pain Oil should be forced directly into the wound with a Syringe, after which 
the Pain Oil dressing should be applied as directed above. * * * Earache 
Severe earache is usually due to inflammation of the inner ear. To relieve 
the pain, saturate a small piece of cotton with sweet oil, add about 5 drops of 
Pain Oil and place gently in the outer ear. * * * Muscular Rheumatism 
As an aid in the treatment of Muscular Rheumatism, apply thick flannel 
clothes * * * Cramps * * * Toothache * * * ' Good for Most Every- 
thing That Hurts' Directions For Use Asthma—Pour a few drops of Pain 
Oil in the palm of one hand then rub the hands together briskly and inhale 
the vapors. * * * This clears out the nasal passages and heals the in- 
flamed membranes. Back-Ache * * * Chilblains * * * Colic * * * 
Diarrhea * * * Dyspepsia * * * Earache * * * Hay Fever * * * 
Indigestion    *    *    *    Hiccoughs    *    *    *    Rheumatism    *    *    *    Sciatica
* * * Sore Throat * * * Toothache. [Similar statements appear in 
foreign languages.] "
Misbranding of the said Menthoform was alleged for the reason that the 
following statements appearing on the bottle label and in an accompanying 
circular were false and fraudulent: (Label) " Useful as an aid in the treatment 
of Pyorrhea, Tender and Spongy Gums, unhealthy conditions of the nose and 
throat cavities.    Unequaled as a gargle for Sore Throat.    (Non Diphtheritic)
* * * To give quick relief to inflamed tonsils or throat " ; (circular) "Direc- 
tions * * * The daily use of Mess Menthoform will keep * * * the 
gums firm and healthy, * * * By keeping the tissues of the mouth and 
throat firm and in a healthy condition. access Menthoform will guard the 
entire system against contagion and disease. * * * Tender Gums * * * 
Use access Menthoform three times a day as directed for daily mouth wash. 
Bleeding Gums * * * Use access Menthoform full strength for several 
days, then use as a daily mouth wash to keep the gums firm. Spongy Gums— 
For soft, congested gums that bleed easily, use full strength access Mentho- 
form three times a day until gums are relieved, then use the daily mouth wash 
to preserve a healthy condition. Turgid Gums—Where gums are swollen and 
congested, follow direction given for spongy gums. Receding Gums—Thor- 
oughly brush, with a soft brush, the surface of the teeth and gums using warm 
water with a few drops of full strength Mess Menthoform on the brush, after 
which thoroughly rinse the mouth and teeth with full strength Menthoform. 
Do this each morning and evening until marked improvement takes place, then 
use stiffer brush and Mess Menthoform as a mouth wash. Loose Teeth— 
Loose teeth usually indicate Pyorrhea, but not necessarily so and will be 
relieved   by  using  access   Menthoform   as   directed   under   Receding  Gums.
* * * as an aid in the treatment of diseased gums. * * * access Men- 
thoform lessens the danger of infection, when applied to cuts and scratches. 
A Clean Mouth Aids in the Prevention of Disease * * * The daily use of 
access Menthoform as a mouth wash will promote a healthy condition of the 
teeth, gums and mucous membrane of the oral cavity.    *    *    *   Directions
* * * Tonsilitis or Sore Throat (Non-Diphtheritic)—To give quick relief to 
inflamed tonsils or throat, * * * Nasal Catarrh * * * Contagious Dis- 
eases—By keeping the tissues of the mouth, nose and throat in a firm and 
healthy condition, many contagious diseases can be prevented. Mess Men- 
thoform when used as a mouth wash and gargle will keep the mouth, nose and 
throat healthy. * * * Hemorrhoids * * * Leucorrhoea * * * 
[similar statements appear in foreign languages]."
On June 4, 1932, Frank E. Furst and Frederick G. Thomas, trading as Furst & 
Thomas, Freeport, Ill., filed an answer and claim for the products, to which 
the Government filed exceptions on June 8, 1932. On November 9, 1932, the 
cases having come on for hearing, the Government's exception to claimant's 
answer was sustained. A claim and answer admitting, for the purpose of the 
proceedings only, the allegation of the three libels and consenting to the entry 
of decrees was thereupon filed. On November 15, 1932, a judgment of condem- 
nation and forfeiture covering all three cases was entered, and it was ordered 
by the court that the products be released to the claimants upon payment of
costs and the execution of a bond in the sum of $2,000, conditioned that they be 
relabeled and that they should not be sold or disposed of contrary to the 
provisions of the Federal Food and Drugs Act and all other laws.
R. G. TUGWELL, Acting Secretary of Agriculture.