18451. Misbranding of Benetol suppositories. IT. S. v. 10 Cartons of Bene- 
tol   Suppositories.    Default   decree   of   destruction   entered.     (F.    &
D. No. 25919.    I. S. No. 12021.    S. No. 4123.)
Examination of a drug product, known as Benetol suppositories, from the 
shipments herein described having shown that the circular accompanying the 
article bore statements representing that it possessed antiseptic properties 
which it did not possess, the Secretary of Agriculture reported the matter to 
the United States attorney for the District of Utah.
On February 17, 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 cartons of Benetol suppositories, remaining in the original 
unbroken packages at Ogden, Utah, alleging that the article had been shipped 
by the Benetol Co., from Redondo Beach, Calif., on or about July 18, 1930 
(part shipped September 6, 1930), and had been transported from the State 
of California into the State of Utah, and charging misbranding in violation of 
the food and drugs act.
Analysis of a sample of the article by this department showed that it 
consisted essentially of a small proportion of a magnesium compound and 
a trace of alpha naphthol incorporated in theobroma oil. Bacteriological 
examination showed that the article was not antiseptic.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing in the accompanying circular were false and mis- 
leading when applied to the said article, since bacteriological tests showed that 
it was not antiseptic: " Feminine Hygiene through powerful prophylactics 
* * * The true test of the absolute value of any germicide is its power 
to kill all germ life when it is actually being used in the human body. The 
ordinary test tube tests are carried on under artificial conditions, and do 
not tell us how the disinfectant would act in the body. Women of today want 
positive protection. They want to know exactly how completely the dis- 
infectant will kill the germs when they use it. * * * Absolute sterility was 
produced by each of the Benetol products. All germ life of every description 
was killed, * * * Note the swift and complete disinfection below * * * 
Germ life in vagina per unit, 840,000. Five minutes after use of one Benetol 
Suppository, sterile   *    *    *   All forms of germ life killed."
On May 2, 1931, no claimant having appeared for the property, judgment 
was entered ordering that the product be destroyed by the United States 
marshal.
ABTHUB M. HYDE, Secretary of Agriculture.