21205. Misbranding of  Merrell   Penetrating   Oil.      U.   S.- v.   70   Bottles   of
Merrill Penetrating Oil.    Default decree of condemnation, for- 
feiture, and  destruction.     (P.  & D. no. 30533.     Sample no.  33288-A.)
Examination of the drug preparation Merrill Penetrating Oil disclosed that 
it contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed on the carton and bottle labels.
On June 2. 1933, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 70 bottle of Merrill Pene- 
trating Oil at Dallas, Tex., alleging that the article had been shipped in 
interstate commerce, on or about December 3, 1932, by the Dick Dunn Drug 
Products Co., from St. Louis, Mo., 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 con- 
sisted essentially of volatile oils including turpentine oil and eucalyptol.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements on the bottles and cartons, regarding the curative and thera- 
peutic effects of the article, were false and fraudulent: (Bottle) " For Tooth- 
ache, apply the Oil to the gum around the aching tooth * * * also rub on 
the outside over the aching jaw. For Earache * * * For Cramps, or any 
severe gripping pain in the stomach or bowels, take 10 to 15 drops on sugar 
(children in proportion.) In severe cases repeat in half-hour and apply 
externally over pain"; (carton) "For * * * Rheumatism, * * * 
Cramps, Toothache, Lame Back, Stiff Joints, etc."
On September 25, 1933, 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.
M. L. WILSON, Acting Secretary of Agriculture.