27702. Misbranding of  Hessel's  Oil  de  Vita,  Snuffly,  and Blessel's  Oil de  Vita
Salve. U. S. v. Eugene Hessel (Vita Laboratories). Plea of guilty. 
Fine, $50 and 1 day's imprisonment. Prison sentence suspended and 
defendant placed on probation for 1 year. (F. & D. No. 36983. Sample 
Nos. 35192-B, 35193-B, 35194-B, 35992-B, 49543-B.)
The labels of these products contained false and fraudulent representations 
regarding their curative and therapeutic effects.
On July 1, 1936, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Eugene Hessel, trading as Vita Labora- 
tories, Philadelphia, Pa., alleging shipment by said defendant in violation of 
the Food and Drugs Act as amended, on or about May 3 and August 8, 1035, 
from the State of Pennsylvania into the State of Ohio of quantities of Oil de 
Vita, Snuffly, and Oil de Vita Salve that were misbranded; and on or about 
July 7 and August 22, 1935, from the State of Pennsylvania into the District 
of Columbia and the State of New Jersey, respectively, of quantities of Oil de 
Vita which was misbranded. The articles were labeled variously: "Hessel's 
Oil de Vita * * * [or "Snuffy" or "Hessel's Oil de Vita Salve"] Vita 
Laboratories, Phila., Pa."
Analyses showed that the Oil de Vita consisted essentially of oil of pepper- 
mint slightly varying from the United States Pharmacopoeial quality; that the 
salve was a yellowish, semisolid consisting of about one-fifth peppermint oil 
in a base indicated to be petrolatum; and that the Snuffly consisted of eucalyptus 
oil.
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833
The articles were alleged to be misbranded in that certain statements, borne 
on the cartons of the Oil de Vita, regarding its therapeutic and curative effects 
falsely and fraudulently represented that it was effective to destroy cold and 
catarrhal pus bacilli and to relieve and conquer rheumatic conditions; in 
that certain statements on the display card shipped with the Snuffly regarding 
its curative and therapeutic effects falsely and fraudulently represented that 
it was effective as a remedy for sinus trouble, asthma, and hay fever, and 
as a protection against infection; and in that certain statements on the tubes 
containing the Oil de Vita Salve, regarding its curative and therapeutic effects, 
falsely and fraudulently represented that it was effective as a relief for 
eczema, skin eruptions, and rheumatism.
* On September 21, 1937, the defendant entered a plea of guilty and the 
court imposed a fine of $50 and a sentence of 1 day's imprisonment. The 
prison sentence was suspended and the defendant was placed on probation for 
1 year.
M. L. WILSON, Acting Secretary of Agriculture.