22966. Misbranding of Speedway lilnlment.    V.  S.  v.  10 Bottles, et al.,  of 
Speed-way lilnlment.    Default decree of condemnation, forfeiture, 
and   destruction.     (F.   &  D.  no.  32514.    Sample  nos.   65251-A,   65252-A, 
65253-A.) 
This case involved a drug preparation that was labeled with unwarranted 
curative and therapeutic claims.   It was also labeled to convey the impression 
that it had been examined and approved and was guaranteed by the Gov- 
ernment, whereas it had not been approved and was not guaranteed by the 
Government.
On April 11, 1934, 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 10 large bottles, 
18 medium bottles, and 34 small bottles of Speedway Liniment at Chicago, Ill., 
alleging that the article had been shipped in interstate commerce, on or about 
February 24, 1934, by the Speedway Remedy Co., from Shelby, Ohio, and 
charging misbranding in violation of the Food and Drugs Act as amended. 
Analysis showed that the article consisted essentially of small proportions 
of volatile oils including almond oil, eucalyptol, menthol, and methyl salicy- 
late, alcohol (49 percent) by volume, and water colored green. Quantitative 
estimation of the volatile oils showed that the total proportion of those 
ingredients was less than 2 percent.
The article was alleged to be misbranded in that the statement in the 
circular, " Guaranteed by Speedway Remedy Co. under Food and Drugs Act, 
June 30, 1906, Serial No. 18992", was misleading, since it created the impres- 
sion that the article had been examined and approved by the Government and 
that the Government guaranteed that it complied with the law, whereas it 
had not been approved by the Government and the Government did not 
guarantee that it complied with the law. Misbranding was alleged for the 
further reason that the cartons, bottle labels, and circulars contained false 
and fraudulent representations relative to its effectiveness as a treatment 
and remedy for all muscular soreness, muscular rheumatism, inflammatory 
rheumatism, backache, lumbago, stiff neck, sciatica, lameness, stiff joints, foot 
troubles, gouty feet, swollen feet, aching feet, bunions, sore throat, earache, 
toothache, azoturia, swelling and soreness of any kind, cold on the lungs, 
pneumonia, congestion of the throat, and eruptions caused by ptomaine poison- 
ing; as effective in stopping and relieving all kinds of pain, or removing 
congestion, as effective in assisting nature in its process of reconstruction; in 
helping the circulation carry away all soreness; as to its penetrating and 
healing qualities; and as effective to leave the skin in the pink of condition. 
On May 15, 1934, no claimant having appeared, judgment of condemnation 
and forfeiture was entered, and destruction of the product was ordered.
M. L. WILSOW, Acting Secretary of Agriculture.