22995. Misbranding of Smitb's  Germicide.     V.  S. v.  6S Bottles and 22 Bot¬
tles  of  Smith's  Germicide.    Default  decree  of  forfeiture and  de- 
struction.     (F. & D. no. 32868.    Sample nos. 68397-A, 68398-A.)
This case involved a drug product that contained water in excess of the 
amount declared on the label and which was labeled with unwarranted curative 
and therapeutic claims.
On June 15, 1934, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 90 bottles of Smithson 
Germicide at Springfield, Mass., alleging that the article had been shipped in
interstate commerce, in part on or about April 10, 1934, and in part on or about 
May 17, 1934, by John B. Smith Insecticide Co., from New Haven, Conn., and 
charging misbranding in violation of the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of potassium perman- 
ganate (1.9 percent), a small proportion of a sulphate, and 98 percent of water.
The libel alleged that the article was misbranded in that the statement, 
" Contains water inert, not to exceed 94 per cent", borne on the label, was 
false and misleading. Misbranding was further alleged in that the following 
statements in the labeling, regarding the curative and therapeutic effects of 
the article, were false and fraudulent: "A Remedy For Colds, Roup, Diarrhoea, 
Throat and Bowel Diseases. For Pet animals and Birds Smith's Germicide 
Should be given in the drinking water twice a week, a teaspoonful to a quart 
of water. This will keep the throats of singing birds in order. Give daily in 
drinking water to sick dogs, cats and other pet stock. * * * For Stock 
Smith's Germicide Given daily in the drinking water is beneficial having a 
tendency toward counteracting troubles caused by impure water, musty food, 
etc. A useful outward application for wounds and skin disorders. * * * 
give Germicide in the drinking water, one teaspoonful to a quart of water. 
For Bowel Trouble give in drinking water as above. * * * Given in the 
drinking water twice a week Smith's Germicide will help to keep poultry in 
good condition."
On July 17, 1934, no claimant having appeared, judgment of condemnation 
and forfeiture was entered, and destruction of the product was ordered.
M. L. WILSON, Acting Secretary of Agriculture.