330. Adulteration and misbranding of One Minute Toothache Stick.    U. S. v. 20
Dozen   Packages   of   Toothache   Stick.     Default   decree   of   destruction.
(F. D. C. No. 2159.    Sample No. 5305-E.)
This product contained carbolic acid. It would be dangerous to health when
used as directed in the labeling and would not be efficacious for certain conditions
for which it was recommended in the labeling. It also contained a smaller per-
centage of carbolic acid than that declared on the label.
On or about June 7,1940, the United States attorney for the "Western District
of Kentucky filed a libel against 20 dozen packages of toothache stick at Louis-
ville, Ky., alleging that the article had been shipped in interstate commerce on
or about April 12,1940, by the One Minute Remedies Co. from St. Louis, Mo.; and
charging that it was misbranded.
Analysis showed that the article consisted essentially of carbolic acid (23 per-
cent), paraffin, cotton, and small amounts of oils of clove and cinnamon.
The article was alleged to be adulterated in that its strength differed from
that which it purported or was represented to possess, namely, 30 percent car-
bolic acid. It was alleged to be misbranded in that the following statements
contained in the accompanying circular were false and misleading, since they
purported and represented that it would be efficacious in the conditions named
therein: "More than thirty-eight years ago this company determined that the
crude and old-fashioned remedy of toothache drops must be abandoned for some-
thing better. Drops scald the mouth and gums and lead to sores which may pro-
duce serious conditions. After many experiments this Toothache Stick was con-
sidered the best; and millions of satisfied users in the last thirty-eight years tes-
tify that it stops toothache instantly." It was alleged to be misbranded further
in that it would be dangerous to health when used in the dosage or with the
frequency or duration prescribed, recommended, or suggested in the labeling:
"Directions: Remove all substances from the tooth, cut a piece of the stick the
size required and press firmly into the tooth. Where no cavity exists, press flat
and apply as a plaster." It was alleged to be misbranded further in that it
was fabricated from two or more ingredients and the label on the bottle did not
bear the common or usual name of the active ingredients.
The article was also alleged to be misbranded in violation of the Federal Caustic
Poison Act, as reported in notices of judgment published under that act.
On October 15, 1940, no claimant having ap'peared, judgment was entered
ordering that the product be destroyed.