21817. Misbranding of   Dunlop   Pyorrhea   Faste.     U.   S.   v.   69   Tubes   of
Dunlop  Pyorrhea  Paste.     Default   decree   of   condemnation,  for- 
feiture, and destruction.    (F. & D. no. 31151.    Sample no. 55766-A.)
Examination of the drug preparation Dunlop Pyorrhea Paste disclosed that 
it contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. The labeling 
of the article represented that it contained 7 percent of alcohol and would 
sterilize the gums and instruments; whereas it contained less than 7 percent 
of alcohol, and would not sterilize the gums and instruments.
On September 26, 1933, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 69 tubes of Dunlop 
Pyorrhea Paste at Chicago, Ill., alleging that the article had been shipped in 
interstate commerce on or about June 1, 1933, by the Emme Dental Specialty 
Co., from St. Paul, Minn., 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 boric acid, glycerin, peppermint oil, water, and alcohol 3 
percent by weight. Bacteriological examination showed that the product would 
not sterilize the gums and instruments.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing in the labeling, were false and misleading: (Car- 
ton) "Alcohol 7%"; (tube) "7% Alcohol"; (circular) "A quantity of the 
Paste is placed in a medicine dish and the instrument dipped into it before 
proceeding to the mouth. In the exercise of this simple expedient, we secure a 
sterile instrument"   Misbranding was alleged for the further reason that the
following statements regarding the curative and therapeutic effects of the arti- 
cle, appearing in the labeling, were false and fraudulent: (Tube) "Pyorrhea 
Paste * * * For the treatment of Pyorrhea and Mouth Diseases "; (carton) 
"Pyorrhea Paste * * * For the Treatment of Pyorrhea and Mouth 
Diseases. Patients Directions: Dunlop Pyorrhea Paste is not a mere denti- 
frice. In Pyorrhea cases or trench-mouth, if the gums are too sore to brush, 
paste may be applied with the finger, rubbing lightly. Rub with up and down 
motion, working paste under the gum margin as well as massaging the gums. 
This paste may be used to great advantage in all cases of infection, applying 
direct to the wound. Read carefully Home Directions Inclosed. Dentists 
Directions: Inject paste into pyorrhea pockets * * * Pyorrhea Machine 
Manufacturing Company * * * Tissue Treatment for Pyorrhea and Mouth 
Diseases"; (circular) "Pyorrhea Paste * * * serves the purpose of dehy- 
drating toxins * * * as a stimulant, it * * * encourages early reso- 
lution of the disease of process." Certain representations in the printed cir- 
cular shipped with the article which were intended to convince the purchaser 
of the value of the preparation in the treatment of pyorrhea and other mouth 
infections were also charged to be false and fraudulent.
On November 13, 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.