11502. Misbranding of OculuJn oil. U. S. v. 11 Bottles and 5 Bottles of
,Oftul,11.111 OJI. Default .dee,ree o,f con.deiQl.;n.a.tio:p, to~f.f?JU;:μ:n~, nd
aestr1,1cjio;n., (F. !& D. No. 14.639. I. S. No. 8704-t. S. No. E-31.86.)
On or abou_t May 6, ';t92l, the United States attorney tor the Soijthern District
of West Virgini&, t.1.c.ting up.on a report by the Secretary of Ag,ricultlilre,
filed in the DJ.strict Court of the Uoite<il States for said district a libel praying
the seizure and condemnation of 11 bottles, 50-cent size, and 5 bottles,
$1 size, of Oculum oil, at Conlclale, W. Va., alleging that the article had been
shipped b~· tht1 H. I. Co., Inc., Salem, Va., .Tanunry 25, 1921, and transported
from the Stute of Virginia into the State of West Virginia, and charging miBhranding
in violation ()f the :u~oou and Drugs Ad, as amended. 'l;'he article
was labeled in part: (Bottle) "Destroys DiRf'nRe GC>rrns In Animal~ Remert~·
Arni Preventive For Hog Cholera * * ,;- \Vlleu Animal Is Sick * ~- .~
'l'reble the dose; " ( citcular) " 'l'o relieve sick nnimals * * * Siek hogs,
sick sheep and other animals, llaYe been quicklr relieved by 'Oculum' Oil.
* * * Sick Hogs and Sick Srrnep have been Quickly Relieved by its MaJ~ic
Power; Sick Horses and Sick Caitle have Jw('n macle well again by its use.
* * * It kills germs * * * in the organs of animals. * * * ' Oculum
Oil' keeps hogs healthy * * * During the Spring of 1915 I lost 34
out of 4f1 shoats with what our County Demonstrator pronounced Cholera.
In May I got ' Oculum Oil ' and treated two that were real sick with it; I
inoculated them twice; they got well ·within oue week. I then fed all the
surviving 11 'Oculum Oil' in the slop, and they have never been sick a day
$:ince. In June they rooted up one of the dead hogs and had eaten it partly
up, when I discovered them. I fed tllem more 'Oculum Oil,' and not one got
sick * * * it will cure any case of pneumonia in hogs when taken in
reasonable time. * * * had a sick hog and gave 'Oculum Oil' with good
results. * * * hogs * * * cholera developed. vVe have saved three
out of five by use of ' Oculum Oil.' * * * had some hogs to get sick; one
died before he got 'Oculnm Oil' from me; he saved the others."
Analysis of a sample of the article by the Bureau of Chemistry of this department
showed that it consisted essentially of turpentine oil with a small
quantity of amber oil and an orange-colored dye.
Misbranding of the article was alleged in the libel for the reason that the
above-quoted statements regarding the curative and therapeutic effect of the
said article were false and fraudulent since the article contained no ingredient
or combination of ingredients capable of producing the curative and
therapeutic effects claimed.
On April 27, 1923, no claimant having appeared for the property, judgment
of condemnation and forfeiture was entered, and it was ordered by the court
that the product be destroyed by the United States marshal.