27395. Adulteration and misbranding of Snipes' Japicura Skin Remedy. V. S. v. 
63 Bottles of Snipes' Japicura Skin Remedy. Judgment of condemna- 
tion and destruction.    (F. & D. no. 39311.    Sample no. 21779-C.)
The labeling of this product contained false and fraudulent curative and 
therapeutic claims. It also bore false and misleading representations regard- 
ing its germicidal properties, its alleged harmlessness, and the amount of phenol 
present in the article.
On April 3, 1937, the United States attorney for the Western District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 63 bottles of Snipes' 
Japicura Skin Remedy at Shreveport, La., alleging that the article had been 
shipped in interstate commerce on or about January 6, 1937, by the Snipes 
Medicine Co., from Little Rock, Ark., and charging adulteration and mis- 
branding in violation of the Food and Drugs Act as amended.
Analysis of the article showed that it consisted essentially of phenol (17 
percent by weight), glycerin, sassafras oil, menthol, and salicylic acid.
It was alleged to be adulterated in that its strength fell below the professed 
standard of quality under which it was sold, namely, "Phenol 25 per cent", 
since it contained less phenol than declared.
The article was alleged to be misbranded in that the statements (carton) 
"It Destroys the Germs" and (carton and circular) "Kills the Germs", were 
false and misleading since they represented that it would destroy and kill 
germs, whereas it would not destroy or kill all germs. The article was alleged 
to be misbranded further in that the statements, (carton) "A safe and success- 
ful treatment of a noted physician for all skin diseases, such as Eczema, 
Tetter, Ringworm, Rose Patch, Shingles, Poison Oak, Insect Bites and all forms 
of Itch", (circular) "This remedy may redden the skin or sting somewhat 
when applied, but do not be alarmed. It is merely doing its work * * * 
Apply Japicura to parts affected morning and night, or oftener, * » * Ap- 
ply 2 or 3 times daily * * * repeat several times 15 or 20 minutes apart 
* * * Rub * * * 2 or 3 times a day", were false and misleading since 
they would mislead the purchaser to believe that the article was a safe and 
appropriate remedy for the various disorders claimed on the label; whereas it 
was not a safe and appropriate remedy for such disorders, but was a dangerous 
drug when used as directed. And the article was alleged to be misbranded 
for the further reason that the statements above quoted were statements 
regarding its curative and therapeutic effects and were false and fraudulent 
It was alleged to be misbranded further in that certain statements on the 
bottle label and additional statements on the carton and in the circular con- 
tained in the carton, regarding its therapeutic and curative effects, falsely and 
fraudulently represented that it was effective as a valuable remedy for all 
itching skin, eruptions, such &s itch, ringworm, poison oak, eczema; effective to 
relieve a violent case of itch; effective as a skin remedy; effective to kill the 
parasites or germs that are imbedded in the skin, to give permanent relief and 
to control itching; effective to relieve itching or burning; effective as a treat- 
ment for cuts, burns, swelling, to counteract the poison from and to prevent 
Bores from mosquitoes, chiggers, or other Insects, and as a treatment for old 
itching sores; effective to relieve congestion and stop the pain of rheumatism; 
and effective as a treatment for itching piles, barber's itch, and other itching 
eruptions.
The libel further charged that the article was misbranded in violation of 
the Federal Caustic Poison Act reported in Notice of Judgment No. 60 pub- 
lished under that act.
On June 21, 1937, the court having found the allegations of the libel to be 
true, and in accordance with the verdict of a jury, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.