18938. Misbranding of Pheno-Septol. XJ. S. v. 21 Small Packages, et al., of- 
Pheno-Septol. Default decree of condemnation, forfeiture, and' 
destruction.     (F. & D. No. 26092.    I. S. Nos. 14568, 14569.    S. No. 4353.)
Examination of the drug product Pheno-Septol from the shipment herein" 
described having shown that the bottle label bore statements representing that 
the article possessed curative and therapeutic properties which, in fact, it did. 
not possess, also that it was represented to be an antiseptic and germicide, 
whereas it was not an antiseptic and germicide when used as directed, the- 
Secretary of Agriculture reported the matter to the United States attorney for" 
the Southern District of Florida.
On March 30, 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 21 small packages and 20 large packages of Pheno-Septol at 
Tampa, Fla., alleging that the article had been shipped by the Pheno-Septo] Co. 
(Inc.), from Rochester, N. Y., on or about October 16, 1930, and had been ti .ns- 
ported from the State of New York into the State of Florida, and charging 
misbranding in violation of the food and drugs act as amended.
The product consisted essentially of small proportions of phenol, a salicylate, 
a borate, alcohol, a potassium salt, and flavoring materials such as benzalde- 
hyde and menthol dissolved in water, colored with an orange-colored dye. 
Bacteriological examination showed that the product was not antiseptic wheo 
diluted as directed on the labeling.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing on the carton and bottle labels were false and mislead- 
ing: (Carton) Antiseptic and Germicide * * * dilute as desired;" (bottle >- 
"Antiseptic and Germicide * * * dilute as desired * * * dilute witifr 
one or two parts water as desired." Misbranding was alleged for the further 
reason that the following statements regarding the curative or therapeutic- 
effects of the article, appearing on the bottle label, were false and fraudulent,, 
since the said article contained no ingredient or combination of ingredients 
capable of producing the effects claimed: " Used daily as a mouth wash and' 
dentifrice, will preserve the healthy condition of the teeth; * * * in all 
cases of Sore Throat, Canker Sore Mouth, Tonsilitis, Laryngitis * * * Asa- 
nasal douche or spray for * * * Catarrh * * * Use freely as a wash,, 
dressing or compress for all inflammations, * * * Boils, * * * Salf 
Rheum, Eczema, Bleeding or Itching Piles, * * * and all * * * in- 
flamed conditions of tissue. For internal use, as in digestive disorders suclf 
as Typhoid Fever, Gastritis, Diarrhea or Dysentery."
On September 1, 1931, no claimant having appeared for the property and the 
court having found that the article contained no ingredient or combination of" 
ingredients capable of producing the effects claimed, judgment of condemnation 
and forfeiture was entered, and it was ordered by the court that the product be" 
destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture. 
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