28329. Misbranding of Fairey Oil and Fairey's Famous Long Life Liquid.     IT. S.
v. Fairey 'Wholesale Drug Co. and Edison A. Fairey.     Plea of guilty. 
The corporation was fined 815 and the individual was fined SHO.     (F. &
D. No. 39780.    Sample Nos. 16149-C, 16150-C.)
The labeling of these products bore false and fraudulent representations re- 
garding their therapeutic and curative effects.
On October 12, 1937, the United States attorney for the Eastern District of 
South Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Fairey Wholesale Drug Co., a cor- 
poration, Orangeburg, S. C, and Edison A. Fairey, an officer of the corporation, 
alleging that within the 3 years immediately preceding the filing of the infor- 
mation, the said defendants delivered to J. Lagarre Phillips, a duly authorized 
agent, a quantity of Fairey's Famous Long Life Liquid, that the said agent 
subsequently transported the article from the State of South Carolina into the 
State of Georgia; that on or about January 26, 1937, the defendants shipped 
from the State of South Carolina into the State of Georgia a quantity of Fairey 
Oil, and that the articles were misbranded in violation of the Food and Drugs 
Act as amended.   They were labeled in part: "Fairey Wholesale Drug Co."
Analyses of samples of the articles showed that Fairey's Famous Long 
Life Liquid consisted of a water-glycerin solution of plant extractives, includ- 
ing emodin-bearing drugs, with a small amount of sodium benzoate; and that 
the Fairey Oil consisted of a mixture of turpentine and methyl salicylate dyed 
with a green dye like chlorophyll; and that it was not an antiseptic and would 
not prevent infection.
Fairey's Famous Long Life Liquid was alleged to be misbranded in that 
statements borne on the labeling falsely and fraudulently represented that it 
was capable of so affecting the blood, stomach, nerves, kidneys, liver and 
bladder as to be conducive to longevity; that it was curative and remedial when 
used in the treatment of indigestion, bad breath, and sick headache; that it 
was productive of a tonic effect on the kidneys and bladder, and would aid in 
correcting disorders of those organs that impaired their normal functions; and 
that it was capable of eliminating impurities from the blood and prolonging 
human life.
The Fairey Oil was alleged to be misbranded in that statements appearing 
in the labeling falsely and fraudulently represented that it was effective to re- 
lieve neuralgia, rheumatism, toothache, headache, stiff neck, lame back, sore 
throat, cold in chest, pains in the head, side, stomach, feet, limbs, shoulders, 
and all parts of the body, that it was curative and remedial for cramps, colic 
pain in the stomach, sore throat, and a hacking cough, if and when administered 
as directed in the statements; that it was an antiseptic healing oil and was 
preventive of infection, and that its efficacy as such preventive was equal to 
that of iodine, peroxide of hydrogen, or bichloride of mercury, and that its 
absolute harmlessness rendered it superior as a preventive over those drugs; 
that it was preventive of infection when poured on cuts, scratches, mosquito 
bites, and flea bites; that it would take the soreness out of bunions, relieve 
aching feet, stiff joints, stiff muscles, and all aches and pains; that it was 
curative of rheumatism when used as directed in the statements; that it 
would relieve at once from coughs and aches and pains in the chest when rubbed 
on the chest; that it was curative of cramps and colic when used as directed, 
that it was efficacious as a pain killer and possessed novelty as such by reason 
of its "wonderful penetrating quality" which had been proved by the discovery 
of its presence in the urine after rubbing with the article; that it was capable 
of curing common sore throat in one night when used as directed in the state- 
ment ; that it was effective as an antiseptic and germicide in the treatment 
of common sore throat; and that inhalation of the fumes and vapor of the 
article would combat the germs of flu.
On November 15, 1937, pleas of guilty having been entered by the defendants, 
they were sentenced to pay fines in the total amount of $25.
HAEEY L. BEOWN, Acting Secretary of Agriculture.