24632. Misbranding of Pbeno-Cosan.    U.  S. v.  22  One-Ounce  Jars,  et  al.,  of 
Pheno-Cosan.     Consent    decrees    of    condemnation   and    destruction.
(F. & D. nos. 32058, 32590.    Sample nos. 56092-A, 64252-A, 64253-A, 64271-A, 
64272-A.)
These cases involved a drug preparation which was misbranded because of 
unwarranted curative and therapeutic claims contained in the labeling, and 
because the jars contained less than declared.
On March 5 and April 27, 1934, the United States attorney for the Northern 
District of Illinois, acting upon reports by the Secretary of Agriculture, filed in 
the district court libels praying seizure and condemnation of forty-four 1-ounce 
jars, sixteen 2-ounce jars, and eight 4-ounce jars of Pheno-Cosan at Chicago, 
111., alleging that the article had been shipped in interstate commerce on or 
about January 11 and February 16, 1934, by the Whitney Payne Corporation, 
from New York, N. Y., and charging misbranding in violation of the Food and 
Drugs Act as amended.
Analysis showed that the article consisted essentially of a mercury com- 
pound, a salicylate, and tar incorporated in an ointment base composed of fatty 
acids and water.
The article was alleged to be misbranded in that the following statements 
in the labeling were statements regarding the curative or therapeutic effects of  ( 
the article, and were false and fraudulent: (Carton) "For Local treatment of  ! 
Acute and Chronic Eczema";   (jar label)   "For Acute and Chronic Eczema 
*   *   *   Eczema,   (also  known  as  Tetter,   Salt Rheum,   Scaly  Head,  etc.)
* * * are promptly eliminated by Pheno-Cosan. Directions In eczema and 
other skin condition, * * * For * * * wounds, sores, etc."; circu- 
lar) "Infant cases Indicated in Acute or Chronic Eczema, Impetigo, * * * 
Pruritis arising from Diabetes, Measles, or from any other cause. Applications 
may be from 2 to 6 daily, * * * rubbing gently till absorbed. In scalp 
condition, * * *." Misbranding was alleged for the further reason that the 
statements on the cartons, "1 oz. size", "2 oz. size'-', and "4 oz. size", respec- 
tively, were false and misleading, since the jars contained materially less than 
1 ounce, 2 ounces, and 4 ounces, respectively, of the article.
On June 6 and June 27, 1935, the Whitney Payne Corporation, claimant, 
having consented to the entry of decrees, judgments of condemnation were en- 
tered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.