26164. Adulteration   and misbranding of   Athlete's   Rub   Alcohol   Compound.
U. S. v. 127 Dozen Bottles of Athlete's Rub Alcohol Compound and an- 
other libel proceeding against the same article. Default decree of 
condemnation, forfeiture, and destruction in each case. (F. & D. nos. 
37154, 37155.    Sample nos. 43809-B, 44023-B.)
This article failed to conform to its professed standard; and its label created 
the erroneous impression that it contained ethyl alcohol, and did not bear a 
statement of the quantity or proportion of isopropyl alcohol contained therein.
On February 5, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon reports by the Secretary of Agriculture, filed in the district 
court two libels praying seizure and condemnation of 127 dozen bottles and 129 
dozen bottles, respectively, of Athlete's Rub Alcohol Compound at Fall River, 
Mass., alleging that the 127 dozen bottles had been shipped in interstate com- 
merce on or about November 26, 1935, by the Outlet Merchandise Co., from 
Brooklyn, N. Y.; that the 129 dozen bottles had been shipped by the same com- 
pany on or about November 22,1935, from New York, N. Y., and charging adul- 
teration and misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: (Bottle) "Athlete's Rub Alcohol Compound * * * 
Athletic Supply Company, Brooklyn, N. Y."
Adulteration of the article was charged in each case under the allegation that 
its purity fell below the standard under which it was sold, namely, "Alcohol 
Compound 70 Proof", that the article was not composed essentially of ordinary 
(ethyl) alcohol but consisted of a mixture of isopropyl alcohol and water, and 
that it did not contain 70 percent of alcohol, nor 70 proof alcohol.
Misbranding of the article was charged in each case, (a) under the allegation 
that the label on the bottle bore the statement "Alcohol Compound 70 Proof" 
and that said statement was false and misleading in that the article did not 
contain ordinary (ethyl) alcohol but consisted of a mixture of isopropyl alcohol 
and water; (b) and under the allegation that the package failed to bear on its 
label a statement of the quantity or proportion of isopropyl alcohol contained 
therein.
On March 23, 1936, no claimant having appeared in either case, a default 
decree of condemnation, forfeiture, and destruction was entered in each.
HABBT L. BROWN, Acting Secretary of Agriculture.