22007. Adulteration and misbranding of Merritone Antiseptic Mouth 
"Wash. V. S. v. 2 Gross Bottles of Merritone Antiseptic' Mouth 
"Wash. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. no. 31290.    Sample no. 46543-A.)
Examination of the drug preparation involved in this case disclosed that it 
contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. Tests of the 
article further showed that it was not antiseptic as claimed.
On November 6, 1933, the United States attorney for the Southern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of two gross bottles of Merritone 
Antiseptic Mouth Wash at Houston, Tex., alleging that the article had been 
shipped in interstate commerce on or about March 18, 1933, by the Devore 
Manufacturing Co. from Columbus, Ohio, and charging adulteration and 
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 of formaldehyde, volatile oils including methyl salicylate and cassia oil,, 
zinc chloride, alcohol (2.5 percent by volume), and water colored with cudbear.
It was alleged in the libel that the article was adulterated in that its 
strength fell below the professed standard or quality under which it was sold, 
namely, antiseptic mouth wash.
Misbranding was alleged for the reason that the statement on the label, 
"Antiseptic Mouth Wash ", was false and misleading. Misbranding was alleged 
for the further reason that the following statements regarding the curative 
or therapeutic effects of the article were false and fraudulent: " Keeps the gums 
and tissue of the mouth healthy * * * Wounds And Sores * * * (If 
personal application of Merritone fails to relieve the condition consult your 
dentist or physician)."
On February 21, 1934, 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.