24670. Misbranding of Antiseptlne, Genius Vaporine Ointment, white petrola- tum, and Victory Vapor Balm. U. S. v. 132 Bottles of Antiseptlne, et al. Default decrees of condemnation and destruction. (F. & D. nos. 35153 to 35156, incl. Sample nos. 28836-B, 28837-B, 28840-B to 28843-B, incl.) These cases involved drug preparations which were misbranded because of unwarranted curative and therapeutic claims in the labeling. The Antiseptine was further misbranded since it was not antiseptic as claimed in the labeling when used according to directions; the white petrolatum was further mis- branded since the jars contained less than the declared weight. On February 18, 1935, the United States attorney for the District of Massa- chusetts, acting upon a report by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 558 bottles of Anti- septine, 285 jars of Genius Vaporine Ointment, 1,149 jars of white petrolatum, and 239 cans of Victory Vapor Balm at Boston, Mass., alleging that the articles had been shipped in interstate commerce in various shipments between the dates of May 31, 1934, and February 3, 1935, by the Hygienic Pharmacal Lab- oratories, from New Haven, Conn., and charging misbranding in violation of the Food and Drugs Act as amended. The articles were labeled, variously: "Antiseptine * * * Genius Phar. Lab."; "Genius Vaporine Ointment * * * Genius Phar. Lab."; "White Petrolatum"; "Victory Vapor Balm * * * Made only by The V. V. B. Company, Denver, Colo." Analysis showed that the Antiseptine consisted essentially of alcohol, water, boric acid, benzoic acid, and salicylic acid together with small proportions of witch hazel, thymol, eucalyptol, and menthol. Bacteriological examination showed that it was not antiseptic when diluted with three parts of water. Analyses of the remaining products showed that the Vaporine Ointment con- sisted essentially of white petrolatum with volatile oils including eucalyptus oil and menthol; that the jars of the white petrolatum contained less than 2 ounces of the product; and that the Victory Vapor Balm consisted essentially of volatile oils, including eucalyptus and cajeput oils (2.2 percent), incorporated in a mixture of petrolatum and paraffin. The articles were alleged to be misbranded in that the following statements regarding their curative and therapeutic effects, appearing in the labeling, were false and fraudulent: (Antiseptine) "Directions For * * * Dandruff * * * and Rheumatism use Antiseptine full strength. For Laryngitis, Pharyngitis, Tonsilitis or Sore Throat use Antiseptine one part to three parts of hot water, and gargle as hot as possible, soon as any soreness is felt in throat Repeat gargle as often as possible until relief is obtained"; (Vaporine Ointment) "For * * * Coughs Congestion & Catarrh. Directions For * * * Tonsilitis Rub well vapor ointment over chest and throat allowing the patient to inhale the vapor freely, then cover with warm flannel. For Catarrh Melt a little vapor ointment in a spoon and inhale the vapors, or apply to nostrils. For inflammation Apply to affected parts as salve"; (white petrolatum) "Internal uses: * * * Sore Throats"; (Vapor Balm, can label) "For Catarrh * * * Tonsilitis Croup Asthma Hay Fever * * * Take this germ destroying * * * treatment"; (carton) "A simple and practical treatment For Hay Fever * * * Catarrh," Influenza, 'Flu' Asthma, Croup. Whooping Cough, Quinzy, Sore Throat, Bronchitis and kindred diseases"; (circular) "An Internal Vapor Bath For The * * * Lungs. A simple and practical treatment for: Hay Fever * * * Influenza 'Flu.' Asthma Quinzy Bronchitis Summer Colds * * * is the practical result of extensive experiments conducted in the hope of finding a cure for 'Flu,' Hay Fever, * * * Catarrh, Asthma and kindred diseases without having to take medicine, work an atomizer or snuff powder or ointment up the nose. * * * is the perfected and improved method of applying medi- cation to the * * * lungs in a practical, natural way. * * * The medicated vapor is breathed and inhaled into the * * * lungs, reaching the affected membrane and tissues * * * (See illustration no. 3.) [Illus- tration no. 3 is a side picture of a woman showing vapor passing through nose and throats into lungs] It is no easy matter to treat affections of the air pass- ages by internal medicine or external applications. Taking medicine into, the stomach to relieve affections of the head, throat, lungs, etc., seems a very indirect treatment. You breathe in germs that cause the trouble, why not breathe in the medication that destroys the germs. How to Avoid the 'Flu,' Breathe in the vapor from V. V. B. and Mil the germs before they become dangerous, or active. The very first treatment of V. V. B. opens your * * * air passages of the head; stops nose running; relieves * * * dullness, feverishness and sneezing. The vapor from V. V. B. will strengthen and aid in clearing the eyes and overcome the inflammation and watering. * * * In aggravated and severe cases repeat the treatment as often as necessary when irritation returns. * * * should clear up the head and stop the sneezing, blowing and running of the nose, and watering of the eyes. (* * * Use daily and avoid the danger from diseased germs that may have been breathed in.) * * * efficacious as an adjunct in the treatment of Catarrh * * * and Hay Fever." Misbranding of the Antiseptine was alleged for the further reason that the statements appearing in the labeling, "Antiseptic * * * use one part Antiseptine to three parts of lukewarm water * * * use Antiseptine one part to three parts hot water", were false and misleading, since the article was not an antiseptic when used as directed. Misbranding of the white petrolatum was alleged for the further reason that the statement on the label, "Net Wt. 2 Oz.", was false and misleading, since the jars con- tained less than the declared weight On April 8, 1935, no claimant having appeared, judgments of condemnation were entered and it was ordered that the product be destroyed. W. R. GEEGG, Acting Secretary of Agriculture.