18506. Adulteration and Misbranding of Pyor-Heal. U. S. v. 5% Dozen 
Bottles, et al., of Pyor-Heal. Default decrees of condemnation, 
forfeiture, and destruction. (P. & D. Nos. 25763, 25772. I. S. Nos. 
8117, 8123.    S. Nos. 3960, 4001.)
Examination of a drug product, known as Pyor-Heal, showed that the bottle 
label and accompanying circular bore statements representing that the article 
possessed curative and therapeutic properties which it did not possess. Bac- 
teriological examination showed that it was not an antiseptic and bactericide, as 
represented in the labeling.
On January 28 and February 18, 1931, the United States attorney for the 
eastern district of Tennessee, acting upon reports by the Secretary of Agricul- 
ture, filed in the district court of the United States for the district aforesaid 
libels praying seizure and condemnation of 7% dozen bottles of Pyor-Heal, 
remaining in the original unbroken packages in part at Chattanooga, Tenn., and 
in part at Knoxville,
' Tenn., alleging that the article had been shipped by the 
Brander Co., from New York, N. Y., on or about May 12, 1930 and October 21, 
1930, respectively, and had been transported from the State of New York into 
the State of Tennessee, and charging adulteration and 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 an emulsion containing phenols, resins, free alkali, and 
water. Bacteriological examination showed that the article was not antiseptic 
nor bactericidal.
100797-32 2
It was alleged in the libels that the article was adulterated in that its 
strength fell below the professed standard or quality under which it was sold, 
namely* "Antiseptic and bactericidal."
Misbranding was alleged for the reason that the bottle labels and the cir- 
cular which accompanied each bottle bore statements regarding the curative 
effects of the said article, which were false, fraudulent, and misleading in that 
the article contained no ingredient or combination of ingredients capable of 
producing the effects claimed and would not be effective in the treatment of 
disease or the prevention thereof as claimed. Certain statements from the bottle 
label and circular were set out in the libels. Of these statements this depart- 
ment deemed the following to be false and misleading and recommended that 
such charge be brought: (Bottle label) "Antiseptic and bacteriacidal;" (cir- 
cular) "The beneficial results   *    *   *   are due to the combined antiseptic
* * * properties of the ingredients, * * * through its strong bactericidal 
strength   *    *    *    Laboratory 'report showing germicidal strength, antiseptic
* * * properties." Of the statements quoted in the libel this department 
deemed the following to be false and fraudulent, and recommended that such 
charge be brought: (Bottle label) " * * * Pyor-Heal * * * for the treat- 
ment of Pyorrhea (causing receding gums), Vincent's Angina (Trench Mouth)
* * * Beneficial in allaying inflammatory conditions of the Mucous Membranes 
of the Mouth and Throat. * * * Pyor-Heal is recommended for home use 
as a supplemental treatment in conditions of Pyorrhea, Gingivitis, Trench- 
Mouth, Bleeding Gums, Canker Sores. Pyor-Heal will be found an effective 
prophylactic if used as a mouth wash and gargled night and morning. Dilute 
as indicated. * * * Prophylactic after extraction;" (circular) "For the 
treatment of Pyorrhea (causing receding gums), Vincent's Angina (Trench 
Mouth), Gingivitis, * * * Bleeding Gums and of benefit in allaying all in- 
flammatory conditions of the mouth and throat. * * * Pyor-Heal is a remedy 
and gives absolute results in all inflammatory conditions. * * * acting both 
as a prophylactic and antiseptic for all inflamed conditions of the mouth. * * * 
Pyor-Heal is specifically indicated as a home treatment after teeth have been 
properly cleaned by the dentist, in conditions of sore, inflamed or bleeding gums, 
gingivitis, pyorrhea, etc. Pyor-Heal is recommended not only for the pre- 
vention of diseased conditions arising in the gums and mouth, but also 
as an active remedial agent as its name implies. In the treatment of 
Pyorrhea, both during the height of its symptoms and thereafter as a safe- 
guard against its recurrence, Pyor-Heal if used will almost immediately arrest 
gum recessions. * * * Pyor-Heal should be used freely in all the following 
conditions: Pyorrhea, Gingivitis, Tonsilitis * * * Sore Throat, Tender Gums. 
Spongy Gums, Bleeding Gums, Turgid Gums, Loose Teeth, Abscesses, Salivation
* *    *   Canker Sorest Diphtheria, Quinsy   *    *    *   Pyor-Heal is a remedy.
* * * For Pyorrhea, Gingivitis, Bleeding, Swollen or Receding Gums, or Loose 
Teeth, and after extractions, use one teaspoonful undiluted after meals and 
before retiring until the acute symptoms have subsided, churning the liquid 
between the teeth and around the gums, for several minutes. * * * This 
treatment will be found very beneficial for Sore Throat, Hoarseness, Canker 
Sores."
On May 8 and June 5, 1931, no claimant having appeared for the property, 
judgments of condemnation and forfeiture were entered, and it was ordered by 
the court that the product be destroyed by the United States marshal.
ARTHXJE M. HYDE, Secretary of Agriculture.