27272. Misbranding of   Mentho-Kerchief.     U.   S.   v.   3,420   Packages   and   108
Packages of Mentho-Kerchief. Consent decree of condemnation. Pro- 
duct released under bond to be relabeled. (F. & D. no. 38800. Sample 
nos. 26433-C, 26434-C, 26435-C.)
The labeling of this product contained false and fraudulent curative and 
therapeutic claims.
On December 15, 1936, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 3,420 10-cent pack- 
ages and 108 25-cent packages of Mentho-Kerchief at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about Decem- 
ber 3, 5, and 9, 1936, by the Rieser Co., Inc., from Shamokin, Pa., and charging 
misbranding in violation of the Food and Drugs Act as amended.
Analysis of the product showed that it consisted essentially of tissue paper 
impregnated with menthol and other perfume materials.
It was alleged to be misbranded in that the following statements regarding 
its therapeutic and curative effects, appearing on the labeling, were false and 
fraudulent: (Envelope, 10-cent size) "Use For * * * Sinus and Hay 
Fever * * * Nothing like Mentho-kerchief to soothe all types of * * * 
Sinus Trouble and Hay Fever"; (carton, 25-cent size) "Use For * * * 
Sinus and Hay Fever * * * Aids for * * * Sinus—Hay Fever and 
All Nasal Irritations * * * Nothing like Mentho-Kerchief to soothe all 
types of   *    *    *    Sinus Trouble and Hay Fever."
On February 20, 1937, the Rieser Co., Inc., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation was entered and the product was ordered released under bond 
to be relabeled under the supervision of this Department.
H. A. WALLACE, Secretary of Agriculture.