21804. Adulteration and misbranding of Dr. Koch's Mentholene Ointment, 
Dr. Koch's Cold and Grip Tablets, and Dr. Koch's Sept-O-Cide;: 
Misbranding of Dr. Koch's Rolatum Healing Salve, Dr. Koch's 
Sfustard Ointment, "We-No-Nah Poultry Tonic, and Dr. Koch'* 
Vegetable Family Tea. U. S. v. Dr. Koch Vegetable Tea Co- 
Plea of nolo contendere. Pine, $130. (F. & D. no. 29413. I.S. nos. 
39539, 39540, 41045 to 41050 incl., 4Ill0, 41111, 41112, 47027, 47028, 
47029.)
Examination of the drug preparations involved in this case disclosed that 
the articles contained no ingredients or combinations of ingredients capable 
of producing certain curative and therapeutic effects claimed in the labelings. 
Tests conducted to determine the truthfulness of the antiseptic claims for the 
Mentholene Ointment, and the antiseptic and germicidal claims for the Sept- 
O-Cide proved that the former was not an antiseptic, and that the latter was not 
an antiseptic and germicide when used according to directions. The Cold and 
Grip Tablets, upon analysis, were found to contain less acetanilide than,was 
declared on the label.
On January 23, 1934, the United States attorney for the District of Minne- 
sota, acting upon a report by the Secretary of Agriculture, filed in the District 
court an information against the Dr. Koch Vegetable Tea Co. a corporation, 
Winona, Minn., alleging shipment by said company in violation of the Food and 
Drugs Act as amended, between the dates of December 1, 1931, and January 5, 
1932, from the State of Minnesota into the States of West Virginia, Wisconsin, 
and Illinois of various shipments of Dr. Koch's Mentholene Ointment, Dr. ; 
Koch's Cold and Grip Tablets, and Dr. Koch's Sept-O-Cide which were adulter- l 
ated; and of quantities! of Dr. Koch's Rolatum Healing Salve, Dr. Koch's Mus- 
tard Ointment, We-No-Nah Poultry Tonic, and Dr. Koch's Vegetable Family 
Tea, which were misbranded.
Analyses of samples of the articles by this Department showed that Dr. 
Koch's Mentholene Ointment consisted essentially of small proportions of 
menthol, camphor, and eucalyptol incorporated in a petrolatum and paraffin 
base; that Dr. Koch's Cold and Grip Tablets consisted essentially of acetanilide 
(2.13 grains per tablet), caffeine (0.24 grain per tablet), phenolphthalein, 
extracts of plant material, including cinchona, starch, and calcium carbonate; 
that Dr. Koch's Sept-O-Cide consisted essentially of small proportions of zinc 
chloride, saccharin, formaldehyde, an acid, volatile oils, including peppermint 
oil, thymol, and menthol, alcohol, glycerin, and water, colored with a red dye; 
that Dr. Koch's Rolatum Healing Salve consisted essentially of zinc oxide and a 
small proportion of phenol incorporated in petrolatum; that Dr. Koch's Mustard 
Ointment consisted essentially of volatile oils, including mustard oil, methyl- 
salicylate and capsicum oleoresin, incorporated in petrolatum; that We-No-Nah 
Poultry Tonic consisted essentially of sulphur, calcium carbonate, sodium 
chloride, iron sulphate, plant material, including capsicum, charcoal, phosphates, 
sulphates, and a small proportion of cantharides; and that Dr. Koch's Vegetable 
Family Tea consisted essentially of plant material, including senna, sassafras, 
coriander, fennel, licorice, uva ursi, and sage.
It was alleged in the information that the Mentholene Ointment and the 
Sept-O-Cide were adulterated in that their strength and purity fell below the 
professed standard and quality under which they were sold in that the former 
was represented to be an antiseptic, whereas it was not an antiseptic; and the 
latter was represented to be antiseptic, germicidal, purifying, and germ-destroy- 
ing and an efficient antiseptic and germicide when used as directed, whereas it 
was not antiseptic, germicidal, purifying, and germ-destroying, and was not an 
efficient antiseptic and germicide when used as directed. 
'    '
Adulteration of'the Cold and Grip Tablets warranted for the reason that 
the article fell below the professed standard and quality under which it was- 
sold, since each tablet was represented to contain 2y2 grains of acetanilide,
whereas each tablet contained less than 2% grains, namely, not more than 2% 
grains of acetanilide.
Misbranding of the Mentholene Ointment was alleged for the reason that the 
statement on the label, "Antiseptic", was false and misleading, since the 
article was not antiseptic. Misbranding of the Sept-O-Cide was alleged for 
the reason  that the statements,   (bottle)   "Sept-O-Cide   *   *   *   Antiseptic
* *    *   Directions",   (circular)   " For  sterilization  and  germinal  purposes
* * * to be employed wherever its purifying and germ destroying properties 
are required * * * Dr. Koch's Sept-O-Cide is a * * * very efficient 
and germicide", were false and misleading, since the article was not antiseptic 
or germicidal, was not purifying and germ-destroying, and was not an efficient 
antiseptic and germicide when used as directed. Misbranding of the Cold and 
Grip Tablets was alleged for the reason that the statement, "Each tablet 
contains 2% grains of Acetanilid", borne on the label was false and misleading,' 
since the tablets contained less than 2% grains of acetanilide.
Misbranding of the Rolatum Healing Salve was alleged for the reason that the 
labeling falsely and fraudulently represented that the article was effective 
as a treatment, remedy, and cure for salt rheum, eczema, sores, boils, piles, sore 
eyelids, tetter, leprosy, lichen, itch, scrofulous ulcers, erysipelas sores, milk 
leg, old sores, running sores, abscesses, and carbuncles.
Misbranding of the Mentholene Ointment was alleged for the reason that 
the labeling falsely and fraudulently represented that the article was effective 
as a treatment, remedy, and cure for catarrh, hay fever, croup, pneumonia, 
and sore throat.
Misbranding of the Cold and Grip Tablets was alleged for the reason that 
the labeling falsely and fraudulently represented that the article was effective 
as a treatment, remedy, and cure for grip.
Misbranding of Mustard Ointment was alleged for the reason that the label- 
ing falsely and fraudulently represented that the article was effective as a 
treatment, remedy, and cure for croup, pleurisy, bronchitis, and sore joints.
Misbranding of Sept-O-Cide was alleged for the reason that the labeling 
falsely and fraudulently represented that the article was effective as a treat- 
ment, remedy, and cure for sore, spongy or bleeding gums, tender mouth, 
sore throat, and tonsilitis; effective for the prevention of certain infection 
and to guard the system against contagious disease; and effective as a treat- 
ment, remedy, and cure for certain inflamed mucous membrane of mouth and 
throat.
Misbranding of We-No-Nah Poultry Tonic was alleged for the reason that the 
labeling falsely and fraudulently represented that the article was effective as 
a preventive of disease in poultry; effective to regulate the liver and digestive 
organs and have a special beneficial action on the egg-producing organs of the 
hen; effective to make hens lay; effective to cure cholera in poultry; effective 
to cure severe cases of cholera in poultry; effective to promote growth and 
fatten poultry; effective to insure good health and a strong and vigorous body 
and increase the production of eggs in poultry; effective to keep poultry in a 
healthy condition and to fatten turkeys and all kinds of poultry; and effective 
to regulate the entire system.
Misbranding of the Vegetable Family Tea was alleged for the reason that the 
labeling falsely and fraudulently represented that the article 'Was effective 
as a treatment, remedy, and cure for ailments of the blood, stomach, liver, 
and kidneys; effective as a remedy for kidney troubles; effective to impart 
to the complexion the freshness and brilliancy which belong to youth; effective 
to produce a clear and beautiful complexion; effective to insure good health; 
effective to remove many of the principal causes of sickness and as a treatment 
for disordered stomach; effective to purify the blood and to overcome that 
tired feeling; effective to overcome the weakening, debilitating effects of hot 
weather; effective to avert the great danger to health in the varying tempera- 
ture, cold, and storms of the autumn; effective to calm the fear of the chilling 
blasts and sudden changes of temperature in winter; effective to soothe the 
fretful baby; effective to prevent long and tedious spells of sickness; effective 
as a treatment, remedy, and cure for dizziness, palpitation, loss of sleep, 
distress after eating, eruptions of the skin, that " all-gone " feeling, and disorders 
of the stomach.
On January 24, 1934, aaplea of nolo contendere was entered on behalf of the 
defendant company, and the court imposed a fine of $130.
M. L. Wn-son, Acting Secretary of Agriculture.