18387. Misbranding of Painallay.    TJ. S. v. 10 Large Bottles, et al., of Pain- 
allay.    Default decree of condemnation and destruction.     (F. & D.
No. 25978.    I. S. Nos. 14246, 14247.    S. No. 4224.)
Examination of a drug product, known as Painallay, from the shipment 
herein described having shown that the bottle label bore statements represent- 
ing that the article possessed curative and therapeutic properties which it did 
not possess, the Secretary of Agriculture reported the matter to the United 
States attorney for the District of Kansas.
On March 4, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 10 large bottles and 22 small bottles of Painallay at Wichita, 
Kans., alleging that the article had been shipped by the Painallay Co., from 
Kansas City, Mo., on or about January 8, 1931, and had been transported from 
the State of Missouri into the State of Kansas, 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 small proportions of a phenolic compound such as cresol, a 
benzyl compound, and glycerin dissolved in water (98 per cent).
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing on the label, regarding the curative or therapeutic 
effects of the said article, were false and fraudulent, since it contained no 
ingredient or combination of ingredients capable of producing the effects 
claimed: "Painallay * * * for Mouth and Throat * * * Relieves 
Pain * * * Beneflaial in the treatment of * * * Pyorrhea, Trench 
Mouth or Vincent's, Tonsilitis, etc. * * * For all mouth and throat infec- 
tions * * * Painallay is exceedingly beneficial in the treatment of the 
following and other infections to give relief from pain   *   *   *   Pyorrhea and
Inflamed Gums   *    *    *   Vincent's or Trench Mouth   *    *    *   continue in- / 
definitely even after case seems apparently cured   *   *   *   and keep out infec- ( 
tion   *   *    *   beneficially efficient in the treatment of Mouth and Throat in- 
fections and as a general prophylactic."
On May 18, 1931, no claimant having appeared for the property, judgment of 
condemnation was entered and it was ordered by the court that the product be 
destroyed by the United States marshal.
ARTHUR M. HTDE, Secretary of Agriculture.