26764. Adulteration and misbranding of H. P. Healing: Balm. U. S. v. 191 Packages of H. P. Healing: Balm. Default decree of condemnation and destruction. (F. & D. no. 37823. Sample no. 73728-B.) The label on the container of this article and an accompanying circular bore and contained false and misleading representations that it was antiseptic; the circular contained false and misleading representations that it was harm- less, without injurious ingredients, and incapable of injurious or deleterious effects; and the package, the label on the container, and the accompanying circular bore and contained false and fraudulent curative or therapeutic claims. On June 20, 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 191 packages of H. P. Healing Balm at Ogden, Utah, alleging that it had been shipped in interstate commerce on or about January 6, 1936, by the H. P. Co., from Wenatchee, Wash., and that it was adulterated and misbranded in violation of the Food and Drugs Act as amended. Analysis of the article showed that it consisted essentially of lead oleate and perfume material incorporated in an ointment base; bacteriological exam- ination showed that it was not antiseptic. It was alleged to be adulterated in that its strength fell below the professed standard or quality under which it was sold, namely, "Antiseptic", since it was not antiseptic. The article was alleged to be misbranded in that the following statements, appearing on the label of the container and in a circular accompanying the package, were false and misleading in that they represented that it was anti- septic ; whereas in fact it was not: (Label on the container) "H. P. Antiseptic"; (circular) "Antiseptic * * * H. P. is a 'high powered' antiseptic * * * These then are the properties of this remarkable chemical compound: * * * A high powered antiseptic * * * In Fact I Have Never Had Anything As A Germicide Or Antiseptic To Equal It. * * * Use This Powerful But Harmless Antiseptic." It was alleged to be misbranded further in that the following statements, contained in a circular accompanying the package, were false and misleading in that they represented that the article was harmless and incapable of producing injurious or deleterious effects; whereas it was a lead-oleate ointment and as such was capable of producing lead poisoning: "Harmless * * * Every Element Destructive To Tissue Has Been Chemi- cally Neutralized. * * * Mild To Use—so mild you may use it freely on Baby's Flesh, * * * Does not injure healthy tissue * * * There is no * * * injurious drug used in its manufacture that will deleteriously affect the skin or flesh. Use It Freely on Baby's Flesh. * * * there can be positively no ill effects if quantities are used. * * * But to make it Harmless To Healthy Tissue, Every Element Destructive To Tissue Has Been Chemically Neutralized. * * * is harmless even to the flesh of a baby." The article was alleged to be misbranded further in that statements contained in a circular accompanying the package, regarding its curative or therapeutic effects with respect to piles, hemorrhoids, putrid sores, old sores, proud flesh, gangrene, lead poisoning, gunshot wounds, all kinds of sores, and infections, eczema, tick bites, bee stings, barber's itch, cuts, wounds, felons, boils, car- buncles, erysipelas, blood poisoning, X-ray burns, ringworm, impetigo, septi- 153095—37 4 cemia, pyemia, nasal infections, sinus trouble, hay fever, ulcers, mercury sores, and varicose ulcers, were false and fraudulent. On October 12, 1936, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed. W. R. GBEGG, Acting Secretary of Agriculture.