17838.  Misbranding of Caliente oil.    IT. S. v.  16 Dozen Bottles  of Caliente 
Oil.    Default decree of condemnation, forfeiture, and destruction.
(F. & D. No. 24904.    I. S. No. 023792.    S. No. 3225.)
Examination of samples of a drug product, known as Caliente oil, from the 
herein-described interstate shipment having shown that the labels bore claims 
of curative and therapeutic properties that the article did not possess, and that 
the article contained more alcohol than declared on the carton label, the Secre- 
tary of Agriculture reported the matter to the United States attorney for the 
District of New Mexico.
On July 19, 1930. the said United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 16 dozen bottles of Caliente oil, remaining unsold in the original pack- 
ages at Las Vegas, N. Mex., alleging that the article had been shipped by the 
International Drug Sales Co., Denver, Colo., on or about March 15, 1930, and 
had been transported from the State of Colorado into the State of New Mexico, 
and charging misbranding in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of methyl salicylate, camphor, extracts of plant drugs in- 
cluding capsicum, chloroform (13 minims per fluid ounce), alcohol (47 per 
cent), and water.
It was alleged in the libel that the article was misbranded in that the cartons 
were labeled, " Containing not over 40% alcohol," which was false and mis- 
leading, since the article contained 47 per cent of alcohol. Misbranding was 
alleged for the further reason that the bottle label did not contain a declaration 
of the true alcohol content, and the declaration (on carton) was not plain and 
conspicuous and was not correct. Misbrandiing was alleged for the further 
reason that the following statements regarding the curative or therapeutic 
effects of the article, appearing on the carton and in the accompanying circular, 
were false and fraudulent, since the said article contained no ingredient or 
combination of ingredients capable of producing the effects claimed: (Carton) 
"Coughs * * * LaGrippe, Influenza, Catarrh, Bronchitis, Croup, Colic, 
Diarrhoea, Dysentery, Cholera Morbus, Cramps in Stomach, Sore Throat, 
Dizziness, Dyspepsia, Indigestion, * * * Fever, Ague, Toothache, * * * 
Earache * * * Chilblains, * * * Backache, Rheumatism, Piles, Itch, Ec- 
zema, Skin Disease, Neuralgia, Bites and stings of poisonous insects and reptiles;" 
(circular) " Internal and external remedy for all aches and pains of the body.
* * * Directions, * * * For Colic, Diarrhoea, Dysentery, Cholera, Cramps, 
Pains in Stomach   *   *   *   Headache, Backache, Neuralgia   *   *   *   Rheumatism
* * * Indigestion, Dyspepsia, * * * Coughs, Colds, La Grippe, Influ- 
enza * * * Croup * * * Bronchitis, Sore Throat * * * Itch, Ec- 
zema,   Skin   Diseases    *    *    *   Piles   *    *    *   Catarrh   *   *   *   Toothache
* * * Fever and Ague * * * Earache * * * Bites, Stings of Poi- 
sonous Insects and Reptiles."    (Similar statements in Spanish.)
On December 1, 1930, 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.
ABTHTJR M. HYDE, Secretary of, Agriculture.