26814. Adulteration and misbranding of Dr. Mary E. Stewart's Antiseptic 
Powder. U. S. v. 536 Bottles of Dr. Mary E. Stewart's Antiseptic 
Powder.    Default  decree  of condemnation and destruction.     (F. & D.
no. 38398.    Sample nos. 27801-C, 27802-C.)
This case involved a drug preparation which fell below the antiseptic 
strength claimed and which bore on the labeling false and fraudulent curative 
and therapeutic claims.
On October 7, 1936, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 536 bottles of Dr. 
Mary E. Stewart's Antiseptic Powder at Camden, N. J., alleging that the 
article had been shipped in interstate commerce on or about June 17 and 
July 3, 1936, by the American Pharmaceutical Co., Inc., from New York, N. Y., 
and charging adulteration and misbranding in violation of the Food and 
Drugs Act as amended.
Analysis of a sample of the article showed that it consisted essentially 
of boric acid, zinc sulphate, flavored with eucalyptol and methyl salicylate. 
Bacteriological examination showed that it was not an antiseptic when used as 
directed in the labeling.
The article was alleged to be adulterated in that its strength fell below 
the professed standard or quality under which it was sold, namely, "Anti- 
septic * * * Dissolve two level teaspoonsful in a little boiling water, then 
add two quarts of luke warm water.    Use as a douche."
The article was alleged to be misbranded in that the above-quoted state- 
ments on the label were false and misleading and in that the following state- 
ments on the label regarding its curative and therapeutic effects, "Protect your 
health * * * Used in the treatment of the inflamed conditions of the 
Vaginal Mucous Membrane, Catarrhal infection, Leucorrhoea, Pruritis dis- 
charges, etc.", were false and fraudulent.
On January 21, 1937, no claimant" having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.