28330. Misbranding1 of Midland Hospital Germolyptus.    17. S. v. Midland Chem- 
ical Laboratories, Inc.    Plea of guilty.    Fine, $50 and costs.    (F. & D.
No. 39841.    Sample No. 45756-C.)
The labeling of this product bore false and misleading statements regarding 
its effectiveness as a disinfectant, germicide, and antiseptic, and failed to bear 
a statement of the quantity of alcohol contained therein.
On December 7, 1937, the United States attorney for the Northern District of 
Iowa, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Midland Chemical Laboratories, Inc., alleging ship- 
ment in violation of the Food and Drugs Act by the said defendant on or about 
July 1, 1937, from the State of Iowa into the State of Minnesota of a quantity 
of Midland Hospital Germolyptus which was misbranded. The article was 
labeled in part: (Drum) "Manufactured only by Midland Chemical Laboratories, 
Inc., Dubuque, Iowa."
It was alleged to be misbranded in that it contained alcohol and the package 
or drum failed to bear a statement on the label of the quantity or proportion of 
the alcohol contained therein. It was alleged to be misbranded further in that 
the following statements, "Germolyptus A reliable germicide, disinfectant, anti- 
septic * * * ingredients of high germicidal value * * * For washing 
hands * * * use 2% solution * * * For cuts, scratches, bites, stings, 
abrasions, and open wounds in general, soaking, washing and irrigating—use 
4% solution. Mucous Membranes, douches (vaginal) and irrigations—use 4% 
solution. For mouth wash and gargle—use 10 to 15 drops to a glass of water. 
For chafing, itching—use 3% solution: * * * Hair and scalp—use 4% solu- 
tion," borne on the label, were false and misleading since they represented that 
the article was an effective germicide, disinfectant, and antiseptic when used 
as directed; whereas it would not be an effective germicide, disinfectant, or anti- 
septic when used as directed.
The information alleged that the article was also misbranded in violation 
of the Insecticide Act of 1910, reported in notice of judgment No. 1602 published 
under that act.
On December 7, 1937, a plea of guilty was entered and the defendant was 
sentenced to pay a fine of $50 and costs for violation of both acts.
HARRY L. BROWN, Acting Secretary of Agriculture.