18375. Misbranding of Anti-Pyor month -wash. IT. S. v. 1% Gross Bottles 
of Anti-Pyor Month Wash. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 26343. I. S. No. 29121. S. No. 
4663.)
Examination of a drug product, known as Anti-Pyor mouth wash, from the 
shipments herein described having shown that the article contained less alcohol 
and less zinc chloride than declared on the label, also that the carton and bottle 
labels and the accompanying circular bore statements representing 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 Southern District of New York.
On May 11, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 1% gross bottles of Anti-Pyor mouth wash, remaining in the original 
unbroken packages at New York, N. Y., alleging that the article had been shipped 
by Sharp & Dohme (Inc.), Philadelphia, Pa., in part on or about March 6, and 
in part on or about March 10, 1931, and had been transported from the State 
of Pennsylvania into the State of New York, 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 alcohol (42 per cent), zinc chloride (1.78 grains per fluid 
ounce), small proportions of beta-naphthol, formaldehyde, menthol, methyl 
salicylate, and extracts of plant drugs and water.
It was alleged in the libel that the article was misbranded in that its package 
failed to bear a statement on the label of the quantity or proportion of alcohol 
contained therein. Misbranding was alleged for the further reason that the 
following statements appearing in the labeling, (carton) "Alcohol 50% * * * 
Zinc Chloride 2 gr." and (bottle) "Alcohol 50%," were false and misleading. 
Misbranding was alleged for the further reason that the following statements 
in the labeling, regarding the curative or therapeutic effects of the said article, 
were false and fraudulent, since the article contained no ingredient or combina- 
tion of ingredients capable of producing the effects claimed: (Carton, English 
and Spanish) "Anti-Pyor * * * A valuable aid in the prevention and treat- 
ment of Pyorrhea Alveolaris * * * helps to heal erosions and hardens the 
gums * * * Anti-Pyor is used to * * * prevent decay of the teeth 
* * * inflammation, ulceration and receding of the gums, abscesses and 
pyorrhea ; " (bottle, in English and Spanish) "Anti-Pyor * * * valuable aid 
in the prevention and treatment of Pyorrhea Alveolaris;" (circuar, English; 
" You can check Pyorrhea * * * and relieve sore throat with Mulf ord Anti- 
Pyor * * * hardens the gums * * * and preserves the teeth. Anti- 
Pyor aids in safeguarding the region in which many ills find a starting point. 
By preventing trouble, Anti-Pyor helps materially in maintaining good health; " 
(circular, Spanish) " Very useful in the prevention and treatment of Pyorrhea.
Alveolajis. This product is prescribed by the dental profession as a mouth 
-wash to prevent the development of bacteria and protect the teeth against 
?erosions and decay. * * * preventing in this manner the putrefaction of 
the teeth * * * inflammation, ulceration, abscesses and pyorrhea. It also 
prevents recession of the gums. * * * prevents the growth of bacteria in 
the mouth, hardens the gums and assists in preventing erosions. * * * Tn 
order to prevent Pyorrhea * * * in order to alleviate tonsilitis, laryngitis, 
and gingivitis."
On June 9, 1931, 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.
ABTHXJB M. HYDE, Secretary of Agriculture.