22988. Misbranding of Throt-Ease. J. S. v. 118 Bottles of Throt-Ease. 
Default    decree    of    condemnation,    forfeiture,    and   destruction.
(F. & D. no. 32810.    Sample no. 69896-A.)
Examination of the drug preparation involved in this case showed that 
it contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. It was 
claimed for the article that it was a harmless preparation, whereas it con- 
tained ingredients that might be harmful.
On June 15, 1934, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 118 bottles 
of Throt-Ease at Wilkes-Barre, Pa., alleging that the article had been shipped 
in interstate commerce, on or about February 8, 1934, by the Armour Sales 
Co., Inc., from New York, N. Y., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: "Throt- 
Ease   *    *    *    The Tonsilo Company, Wheeling,  West Virginia."
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of potassium chlorate (0.4 gram per 100 milliliters), iron 
chloride (0.4 gram per 100 milliliters), quinine hydrochloride (0.3 gram per 100 
milliliters), glycerin, alcohol, and water.
It was alleged in the libel that the article was misbranded in that the 
statement on the carton and bottle labels, "A Harmless Preparation", was 
false and misleading. Misbranding was alleged for the further reason that 
the following statements in the labeling, regarding its curative or therapeutic 
effects, were false and fraudulent: (Shipping carton) "Dent Have Your 
Tonsils Removed Use Throt-Ease For Sore Throat and Tonsilitis * * * 
Throat Preparation * * * It knocks The Devil Out of Sore Throats"; 
(individual carton) "Throt-Ease For Sore Throat and Tonsilitis * * * 
Throt-Ease";   (bottle)  "Throt-Ease For Sore Throat and Tonsilitis."
On July 31, 1934, no claimant having appeared for the property, judgment 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.