2319. Adulteration and misbranding of antiseptic mouth wash and misbranding'
of witch hazel. U. S. v. James J. Kaplan (Diamond Drug and Magnesia
Co.). Plea of guilty. Fine, $100. (F. D. C. No. 21472. Sample Nos. 12714-H,
12734-H, 56689-H, 56845-H.)
INFORMATION FILED : August 22, 1947, District of Massachusetts, against James
J. Kaplan, trading as the Diamond Drug & Magnesia Co., at Boston, Mass;
ALLEGED SHIPMENT : On or about October 18,1945, and January 7 And February
2 and 7, 1946, from the State of Massachusetts into the States of New Hamp-
shire, Rhode Island, and Maine.
LABEL, IN PAET : "Berkeley Brand Antiseptic Mouth Wash * * * Distributed
by Berkeley Drug & Chemical Co., Boston, Mass.," "Peerless Antiseptic Mouth
Wash * * * Distributed by Peerless Products Co., Boston Mass.," "Eluto's
Witch Hazel * * * Distributed by Eluto Bros., Inc., Manchester, N. H.," or
"Nyler Quality Products Witch Hazel * * * Eastern Distributor The
Jayson Co., Portland, Maine."
NATURE OF CHARGE: Antiseptic mouth wash. Adulteration, Section 501 (e), the
strength of the article differed from, and its quality fell below, that which it
was represented to possess, in that it was represented to be an antiseptic when
diluted to one-half strength, whereas when diluted to one-half strength it was
not an antiseptic within the meaning of Section 201 (o), since it was not a
germicide when so diluted and did not purport to be and was not represented as
an antiseptic for inhibitory use as a wet dressing ointment, dusting powder, or
such other use as involved prolonged contact with the body. Misbranding, Sec-
tion 502 (a), the label statement "Antiseptic * * * Use ? * * *
strength" was false and misleading.
Witch hazel. Misbranding, Section 502 (a), the label statements "For the
relief of Sprains, Bruises * * * Burns, Scalds * * * Chilblains" were
false and misleading, since they represented and suggested that the article
would be an effective treatment for sprains, burns, bruises, scalds, and chil-
blains, whereas it would not be an effective treatment for such conditions.
DISPOSITION : March 2,1948. A plea of guilty having been entered, the court im-
posed a fine of $100.