21813. Misbranding of Liberty Liniment and Cly-Tone Tonic. U. S. v. 
10 Bottles of Liberty Liniment and 10 Bottles of Cly-Tone Tonic. 
Default   decrees   of   condemnation,   forfeiture,   and   destruction.
(F. & D. nos. 30786, 30787.    Sample nos. 30476-A, 30477-A.)
Examination of the drug preparations involved in these cases disclosed that 
they contained no ingredients or combinations of ingredients capable of produc- 
ing certain curative and therapeutic effects claimed in the labeling.
On July 31, 1933 the United States attorney for the Eastern District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 10 bottles of Liberty 
Liniment and 10 bottles of Cly-Tone Tonic at Norfolk, Va., alleging that the 
articles had been shipped in interstate commerce on or about May 12, and May 
16, 1933, by the Clyde Collins Chemical Co., Inc., from Memphis, Tenn., and 
charging misbranding in violation of the Food and Drugs Act as amended. 
The articles were labeled in part, respectively: " Cly-Tone Tonic "; " Liberty 
Liniment Liberty Chemical Co., Memphis, Tenn."
Analyses of samples of the articles by this Department showed that the 
Liberty Liniment consisted essentially of a petroleum distillate, such as kero- 
sene, and a small proportion of methyl salicylate; and that the Cly-Tone Tonic 
consisted essentially of Epsom salt, extracts of plant drugs, small proportions 
of salicylic acid and an iron compound, and water.
It was alleged in the libels that the articles were misbranded in that the 
following statements regarding their curative and therapeutic effects, appearing 
in the labeling, were false and fraudulent: (Liberty Liniment, bottle) "The 
Master of Pains For relief of Pains. Such as Rheumatism * * * Tooth- 
ache Lame Back Stiff and Sore Joints Sore * * * Feet"; (Liberty Lini- 
ment, carton) " The Master of Pains Such as * * * Toothaches, Stiff, Sore 
and Swollen Joints. Sore * * * Feet, Lame Backs and a Wonderful 
Relief for Rheumatism. * * * The Miracle Oil"; (Cly-Tone Tonic, bottle 
and carton) " Cly-Tone Tonic Made for Your Health Cly-Tone is highly indicated 
in the treatment of chronic Constipation, Indigestion, Blood, Stomach, Kidney 
and Functional Disorders of the Liver " ; (carton) " Indigestion * * * first 
aid to health for the Stomach, Blood, Liver or Kidneys."
On January 11, 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 States marshal.
M. L. WILSON, Acting Secretary of Agriculture.