18503. Misbranding of McCormick's cold and pain salve. U. S. v. 9 Jars of 
McCormick's Cold and Pain Salve. Default decree of condemna- 
tion, forfeiture, and destruction. (F. AJ). No. 25240. I. S. No. 3823. 
S. No. 3519.)
Examination of samples of a drug product, known as McCormick's cold and 
pain salve, from the shipment herein described having shown that the bottle 
and carton 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 western district of South Carolina.
On February 18, 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 nine jars of McCormick's cold and pain salve at Spartanburg, 
S. C, alleging that the article had been shipped by McCormick & Co., from 
Baltimore, Md., on or about December 12, 1929, and had been transported 
from the State of Maryland into the State of South Carolina, and charging 
misbranding in violation of the food and drugs act as amended.
The article was labeled  in part:   (Bottle)   "For   *    *    *    Catarrh,  Etc.
* * * For Eczema * * * or Other Inflammation of the Skin. * * * 
McCormick's * * * Pain Salve * * * For * * * Bronchitis, Pneu- 
monia, etc. If Pneumonia or other serious complications are suspected, call 
a physician at once. * * * Repeat treatment every three or four hours. 
Sore Throat.    *    *    *   Coughs,  Whooping Cough;"    (carton)    "Pain   Salve
* * * Valuable in the treatment * * * Sore Throat, LaGrippe, Pneu- 
monia * * * Skin Irritations. * * * Internally by the Inhalation of 
the wonderfully healing vapors which it evolves, McCormick's Salve penetrates 
the most minute recesses of the nose, throat, lungs and bronchial tubes, allaying 
pain and reducing inflammation wherever it reaches. * * * Useful in all 
forms of Inflammation such as Asthma, Bronchitis, Catarrh * * * Coughs, 
Hay Fever, LaGrippe, Pneumonia, Sore Throat, Whooping Cough * * * 
Boils and * * * Eczema * * * Headache, Neuralgia, Rheumatism, 
Piles;" (circular) "Pain Salve is primarily an inhalant for treatment of dis- 
eases of the lungs and air passages of an inflammatory character. The aro- 
matic and healing vapors which it evolves, penetrate and carry their virtues to 
the most minute recesses of the affected orKans. * * * Coughs * * * 
Hay Fever * * * LaGrippe * * * Pneumonia * * * Tonsilitis, Sore 
Throat, Hoarseness *    *    *  Whooping Cough  *    *    * Boils  *    *    * Eczema
* *    *    Croup    *    *    *    in Poultry    *    *    *    Distemper in Dogs or Horses
* *    *    Pneumonia or Pleurisy in Horses."
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of a petrolatum base containing volatile oils including euca- 
lyptol, camphor, and menthol. 
It was alleged in substance in the libel that the article was
" misbranded in 
violation of section 8, paragraph 3, of the act as amended, in that the following 
statements appearing on the jar label, regarding the curative or therapeutic 
effects of the said article, were applied to the said article knowingly and in 
reckless and wanton disregard of their truth or falsity, so as to represent 
falsely and fraudulently to the purchasers and create in the minds of such 
purchasers the impression and belief that the article contained ingredients or 
medicinal agents effective in the diseases and conditions named therein; whereas 
it contained no ingredient or combination of ingredients capable of producing 
the   effects   claimed:   "For   *    *    *    Catarrh,   etc.    *    *    *   For ,
'Eczema,
* * * or other inflammation of the skin. * * * McCormick's * * * 
Pain Salve * * * For * * * Bronchitis, Pneumonia, ! etc. If pneu- 
monia or other serious complications are suspected, call a physician at once.
* * * Repeat treatment every three or four hours. Sore Throat, * * * 
Coughs, Whooping Cough."
On June 25, 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.
ABTHTJK M. HYDE, Secretary of Agriculture.