21572. Misbranding of ichthyol ointment and mentholated  ointment.      V.
S. v. 141 Tubes of Ichtliyol Ointment, et al. Default decrees of 
condemnation, forfeiture, and destruction. (F. & D. nos. 30799, 
31818, 31819.    Sample nos. 42956-A, 51559-A, 51560-A.)
Examination of the drug preparations involved in these cases disclosed that 
they contained no ingredients or combinations of ingredients capable of pro-
ducing certain curative and therapeutic effects claimed in the labeling. It was 
Claimed in the labeling that the articles conformed to the United States Phar- 
macopoeia and National Formulary, whereas in neither of these authorities 
are Ichthyol ointment or mentholated ointment recognized.
On August 1, 1933, and January 9, 1934, the United States attorney for the 
Middle District of Pennsylvania, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 
281 tubes of Ichthyol ointment and 68 tubes of mentholated ointment in part 
at Scranton, Pa., and in part at Wilkes-Barre, Pa., alleging that the articles 
had been shipped in interstate commerce by the Petroline Laboratories; that 
141 tubes of the said ichthyol ointment had been shipped on or about July 7, 
1933, from Brooklyn, N. Y.: and that the remainder of the ichthyol ointment 
and the mentholated ointment had been shipped on or about November 21, 1933, 
from New York, N, Y., and that the articles were misbranded in violation of 
the Food and Drugs Act as amended.
Analyses of samples of the articles by this Department showed that the 
ichthyol ointment consisted essentially of sulphonated bitumen incorporated in 
petrolatum, and that the mentholated ointment consisted essentially of menthol 
incorporated in petrolatum.
It was alleged in the libels that the articles were misbranded in that the 
statement on the carton, '• We guarantee each ointment to be strictly U. S. P. 
or N. F. and will assume responsibility on this item ", was false and mislead- 
ing, since neither in the United States Pharmacopoeia nor in the National 
Formulary are Ichthyol ointment or mentholated ointment recognized. Mis- 
branding was alleged for the further reason that the following statements, 
regarding the curative or therapeutic effects of the articles, were false and 
fraudulent: (Ichthyol ointment, tube and carton) "A remedy for eczema, acne, 
itch, boils, carbuncles, and kindred skin infections"; (mentholated ointment, 
tube and carton) "Very effective for Nerves."
On August 23, 1933, and January 30," 1934, no claimant having appeared for 
the property, judgments of condemnation and forfeiture were entered, and it 
was ordered by the court that the products be destroyed by the United Starnes 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.