21184.  Misbranding of   Kap-Oil.     U.   S.   v.   63   Jars   of   Kap-Oil.     Default 
decree  of destruction.     (F. & D. no. 30428.    Sample no. 35797-A.)
Examination of the drug preparation Kap-Oil disclosed that it contained no 
ingredient or combination of ingredients capable of producing certain curative 
and therapeutic effects claimed on the carton and jar labels and in a circular 
shipped with the article. The article was also represented as being an anti- 
septic inhalant, whereas it was not an antiseptic when inhaled.
On May 9, 1933, the United States attorney for the Western District of Mis- 
souri, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 63 jars of the said Kap-Oil 
at Kansas City, Mo., alleging that the article had been shipped in interstate 
commerce on or about January 10, 1933, by the Kap Oil Co., from Broken Bow, 
Nebr., and charging misbranding in violation of the Food and Drugs Act as 
amended.
Analysis of a sample of the article by this Department showed that it 
consisted essentially of petrolatum containing phenolic compounds, menthol, 
methyl salicylate and a minute proportion of a mydriatic alkaloid, colored 
with a green dye. Bacteriological examination showed that the product would 
not be antiseptic when inhaled.
It was alleged in the libel that the article was misbranded in that the 
following statements in the labeling were false and misleading: (Carton) 
"Breathe It In Antiseptic Vapor Compound";   (circular)   "Containing Anti-
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septic, Oxygen bearing Oils." Misbranding was alleged for the further reason 
that the following statements regarding the curative and therapeutic effects of 
the article were false and fraudulent: (Carton) "A soothing external appli- 
cation for relief of pain and soreness and certain forms of Congestion and 
Inflammation that may respond to external Medication. Used for Pneumonia, 
Coughs * * * Hay Fever, Influenza, Croup, Sore Throat and Pleurisy"; 
(jar label) "'First thought to the injured' * * * as a massage for 
Swollen and stiff Joints. * * * Influenza, Pneumonia, Coughs * * * 
Sore Throat, Croup, Earache"; (circular) "For Coughs * * * Croup, Sore 
Throat, Pneumonia, Pleurisy. * * * Pneumonia—Apply Kap-Oil thickly to 
the chest, throat and on the back, between the shoulders, and cover with warm 
or hot flannels. Change the application as often as needed. Take portion of 
Kap-Oil size of hazelnut, let dissolve in mouth and swallow slowly. This should 
be done twice a day. * * * same treatment as for Pneumonia. Sore 
Throat—Apply freely, take a little Kap-Oil as directed, and inhale. Croup— 
Apply freely to chest, throat and on back between shoulders and cover with 
warm or hot flannels. * * * Pleurisy—Apply Kap-Oil freely over affected 
parts and cover with hot cloths. Asthma—Inhale and take internally as 
directed, also rub a little Kap-Oil in the hollow spot, just below the Adams' 
Apple.    Hay  Fever—Inhale  and  take internally  as  directed.    Tooth-Ache
* * * Earache * * * relieves the trouble. * * * a decisive advan- 
tage of Kap-Oil is noticeable, especially in severe cases, the surface presents a 
clean appearance, free from pus  formation  and undesirable  accumulations.
* * * To prevent and alleviate pain and suffering of mortal man. * * * 
for   *   *    *    Sore Joints, Boils, Carbuncles."
On June 14, 1933, no claimant having appeared for the property, judgment 
was entered finding the product misbranded and ordering that it be destroyed 
by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.