21230. Misbranding of Vapex. U. S. v. 35 Dozen Bottles, et al., of Vapex. 
Default decrees of forfeiture and destruction. (F. & D. nos. 29678 
29679. 29713.    Sample nos. 16376-A, 16377-A. 16378-A, 16582-A.)
These cases involved various shipments of Vapex, a drug preparation. In 
one of the lots the label bore no declaration of the alcohol content, and in the 
remaining lots the declaration was not properly made. Tests of the article 
showed that it did not possess the bactericidal properties claimed in the label- 
ing. It was also claimed for the article that at was made in England, whereas 
a part of the manufacturing process was carried on in this country.
On December 29, 1932, and January 4, 1933, the United States attorney for 
the District of Massachusetts, acting upon reports by the Secretary of Agricul- 
ture, filed in the district court libels praying seizure and condemnation of 207 
dozen bottles of Vapex at Boston, Mass., alleging that the article had been 
shipped in interstate commerce, in various lots between the dates of September 
30, 1932 and December 15, 1932, by E. Fougera & Co., from New York, N. Y., 
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 such as menthol and lavender oil (alcohol 
approximately 66 percent by volume), and water.
It was alleged in the libels that the article was misbranded in that the pack- 
ages failed to bear upon the label a statement of the quantity or proportion of 
alcohol contained in the article, since no declaration appeared in one lot, and 
the remaining lots bore an inconspicuous statement of the alcohol content on the 
reverse side of the bottle label, and no statement appeared on the cartons.
Misbranding was alleged for the further reason that the following statements 
appearing in the labeling were false and misleading: (Circular, all lots) 
" Vapex is produced in England by This. Kerfoot & Co., Ltd."; (cartons of por- 
tion) " Vapex is produced in England by This. Kerfoot & Co., Ltd."; (cartons 
of remainder) "Vapex is a product of This. Kerfoot & Co., Ltd., Bardsley, 
England." Misbranding was alleged for the further reason that the statement 
appearing in the circular, regarding the curative and therapeutic effect of the 
article, "Laboratory tests have proved that the Vapex vapor kills the patho- 
genic bacteria present in the breathing passages ", was false and fraudulent, 
since the article contained no ingredient or combination of ingredients capable 
of producing the effect claimed.
Donalds Limited, Inc., a Delaware corporation, appeared and filed a claim 
for the property. On August 18, 1933, proclamation having been made and 
defaults having been entered against the claimant for failure to file answers, 
judgments of forfeiture were 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.