26168. Misbranding of Deo Dennis Eucalyptus Ointment.     IT. S. v. 105 Jars and
33 Tubes, and 408 Packages of Deo Dennis Eucalyptus Ointment. De- 
fault decrees of condemnation and destruction. (F. & D. nos. 87174, 
37216.    Sample nos. 60657-B, 60719-B.)
These cases involved interstate shipments of Deo Dennis Eucalyptus Oint- 
ment the package label of which and an accompanying circular bore and con- 
tained false and fraudulent statements regarding its curative or therapeutic 
effect
On February 11, 1936, the United States attorney for the District of Utah, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 105 jars and 33 tubes of Deo 
Dennis Eucalyptus Ointment at Salt Lake City, Utah; and on February 18, 
1936, the United States attorney for the District of Colorado similarly filed 
a libel praying seizure and condemnation of 408 packages of an article so 
labeled at Denver, Colo. It was alleged that the article had been shipped in 
interstate commerce on or about June 28 and November 29, 1935, and January 
4, 1936, by the Davis Eucalyptus Laboratories from Oakland, Calif., and that 
it was misbranded in violation of the Food and Drugs Act as amended.
Analysis of a sample of the article showed that it consisted essentially of 
eucalyptus oil with small amounts of menthol, camphor, and sassafras oil 
incorporated in an ointment base.
The article was alleged to be misbranded in that statements regarding its 
curative or therapeutic effects, appearing on the label of the jars containing 
the article, and contained in circulars accompanying the jars and the tubes 
containing the article, falsely and fraudulently represented that the article was 
effective as a treatment and remedy for chest colds, nasal catarrh, bronchial 
catarrh, head noises, catarrhal deafness, asthma, hay fever, influenza, eczema, 
muscular stiffness, muscular pain, and muscular exhaustion; and effective for 
healing wounds, sores, carbuncles, boils, and itching piles.
On March 28 and April 24, 1936, no claimant having appeared in either case, 
judgments of condemnation were entered and it was ordered that the product 
be destroyed.
HARRY L. DOWD, Acting Secretary of Agriculture.