24046. Misbranding of Nunn's Black Oil Healing: Compound.    U. S. v. John
A. Houghton and George W. Reed (Dr. Xunn's Black Oil Co., Inc.). 
Plea of guilty.    Fine, $25.     (F. & D. no. 32090.    Sample no.  35938-A.)
This case involved a drug preparation which had been sold under a guaranty 
that it complied with the Food and Drugs Act, but which was misbranded, 
since the label contained unwarranted curative and therapeutic claims, and 
which was subsequently shipped in interstate commerce.
On October 6, 1934, the United States attorney for the District of Utah, 
acting upon a report by the Secretary of Agriculture, filed in the district court
an information against John A. Houghton and George W. Reed, copartners, 
trading as Dr. Nunn's Black Oil Co., Inc. at Salt Lake City, Utah, alleging that 
on or about November 1, 1932, and January 5, 1933, the said defendants had 
sold and delivered to the Smith Faus Drug Co., Salt Lake City, Utah, a number 
of large bottles and small bottles of Nunn's Black Oil Healing Compound; that 
at the time of sale and delivery the defendants had guaranteed that the 
article complied with the Federal Food and Drugs Act; and that on December 
31, 1932, January 26, and March 20, 1933, a number of large and small bottles 
of the product, in the identical condition as when received, were shipped in 
interstate commerce by the Smith Faus Drug Co., from the State of Utah into 
the State of Colorado; and that it was misbranded in violation of the said act 
as amended.
Analysis showed that the article consisted of mineral oil and a fixed oil 
containing a sulphur compound.
The article was alleged to be misbranded in that certain statements in the 
labeling, regarding its therapeutic and curative effects, falsely and fraudulently 
represented that it was effective, with regard to the small bottles, as a healing 
remedy for sores, scratches, and piles; with regard to the large bottles, as 
a healing remedy for sores, scratches, fistulas, withers, poll evil, piles, scalded 
heads on children, skin eruptions, colic and bloat; and effective as a remedy 
for coughs, distemper and bronchitis, in horses and cattle, and as a remedy for 
roup in chickens.
On November 3, 1934, a plea of guilty was entered and the court imposed a 
fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.