17055. Misbranding of Oxldine and tasteless Oxldine. TJ. S. v. 78 5/12 
Dozen Bottles of Oxidine, et al. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 24077. I. S. Nos. 010453, 
010480.    S. No. 2225.)
Examination of samples of drug products known as " Oxidine " and " Taste- 
less Oxidine," by this department, showed that the labels bore claims of thQir 
curative properties in certain ailments for which cinchona alkaloids are custom- 
arily prescribed, and that the products contained insufficient cinchona alkaloids 
to cure such ailments when taken in the doses and for the period of time 
indicated in the directions on the bottle. The labels also bore further curative 
and therapeutic claims for their effectiveness that were not justified by the 
composition of the articles.
On September 20, 1929, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying/seizure 
and condemnation of 78& dozen bottles of Oxidine, and 4% dozen bottles of 
tasteless Oxidine, remaining in the original unbroken packages at New Orleans, 
La., alleging that the articles had been shipped by W. S. Kirby, Dallas, Tex., 
in part on or about June 8, 1929, and in part on or about July 24, 1929, and 
transported from the State of Texas into the State of Louisiana, and charging 
misbranding in violation of the food and drugs act as amended.
Analyses of samples of the article by this department showed that the Oxidine 
consisted essentially of quinine sulphate (2.54 grains per fluid ounce), cinchonine 
sulphate (2.83 grains per fluid ounce), extracts of a laxative plant drug, glyc- 
erin, sugar, alcohol, and water; and the tasteless Oxidine consisted essentially 
of cinchonidine sulphate, oil of peppermint, sugar, alcohol, and water.
It was alleged in the li*>el that the articles were misbranded in that the 
following statements regarding the therapeutic or curative effects of the said 
articles, borne on the labels, were false and fraudulent, since they contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Oxidine, shipping carton) "An Antidote for All Malarial Diseases;" 
(Oxidine, retail carton) "An Antidote for Malaria. A Food Digester * * * 
Blood Medicine. An Effective Remedy for Chills and Fevers, A Mild Liver 
and Kidney Medicine   *    *    *   Relieves   *    *    *   LaGrippe.   The Life is in
the Blood. To have health the blood must be pure. Malaria poisons the blood, 
and deters the action of the liver. Oxidine is Effective in purifying the blood, 
regulating the liver, and cleansing your system of malaria, the great cause of - 
sickness. * * * [testimonials] * * * Oxidine has relieved me and my 
family of the worst siege of chills and malaria that I ever saw. * * * Oxi- 
dine is not only the quickest, safest and surest remedy for Chills and Fever, but 
a most dependable tonic in all malarial diseases. A liver tonic, a kidney tonic, 
a stomach tonic, a bowel tonic. If a system-cleansing tonic is needed, just try 
Oxidine * * * The specific for Malaria, Chills and Fever and all diseases 
due to disordered kidneys, liver, stomach and bowels;" (bottle label, both 
products) " Directions: Tonic dose * * * Adults two teaspoonfuls: children, 
under ten years one teaspoonful: children under five years half teaspoonful. 
The above to be taken in a little water after each meal. To stop chills and 
Fevers double the above of tonic dose and take every four hours. After Chills- 
have stopped, the medicine should be taken as a tonic to rid the system of 
malaria and purify the blood [similar statements in Spanish];" (circular, 
both products) " Oxidine Kills Chills! Because of * * * its blood purify- 
ing and enriching qualities, its blood-building and strengthening power, Oxidine 
is the Universal Tonic. * * * when there's lassitude, weakness and lack 
of appetite, when a little exertion makes you feel tired, your legs drag, your 
back aches, your mouth tastes and your sleep is broken, Oxidine is the one 
thing that will restore your strength and enable you to enjoy life. Oxidine, 
because of its * * * health-giving effect, has established itself as a recog- 
nized remedy for Malaria, Chills, Fever, La Grippe   *   *   *   Malaria Fever
* * * The disease is prevented and can be controlled and eliminated by the 
persistent use of Oxidine [similar statements in Spanish];" (tasteless Oxidine, 
retail carton) "Tasteless Oxidine * * * is a pleasant laxative, acting 
mildly on the liver, purifying   *    *    *   and in mild cases is very effective
* * * Oxidine is Effective For * * * Flu and Fever * * * An 
Antidote for Malaria, A Food Digester and Constipation Remedy * * * An 
Effective Remedy for Chills and Fevers, A Mild Liver Medicine, and Relieves
* * * La Grippe * * * The Life is in the Blood. To have health the 
blood must be pure. Malaria poisons the blood and deters the action of the 
liver. Oxidine is Effective in purifying the blood, regulating the liver, and 
cleansing your system of malaria, the great cause of sickness." 
>
On December 28, 1929, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of Agriculture.