19365. Adulteration   and   Misbranding of   Sozodont   liquid.     V.   S.   v.   106
Packages of Sozodont Liquid. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 26463. I. S. No. 22131. 
S. No. 4709.)
The labeling of the Sozodont liquid involved in this action contained repre- 
sentations that the article possessed curative and therapeutic properties which 
examination showed it did not possess. The article was also represented to 
be antiseptic, whereas it was not.
On June 3, 1931, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 106 packages of Sozodont liquid, remaining in 
the original unbroken packages at San Francisco, Calif., alleging that the 
article had been shipped in part by the Block Drug Co., from Brooklyn, N. Y., 
on or about November 29, 1931 (1930), and in part by Hall & Ruckel (Inc.), 
on or about January 17, 1931, and that it had been transported from the State 
of New York into the State of California, and charging adulteration and mis- 
branding 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 borax, soap, small proportions of flavoring material includ- 
ing menthol and methyl salicylate, glycerin, alcohol (24.2 per cent by volume), 
and water, colored with a red dye. Bacteriological examination showed that 
the article was not antiseptic.
It was alleged in the libel that the article was adulterated in that it was sold 
under the following standard of strength, "Antiseptic," whereas the strength 
of the article fell below such professed standard, in that it was not antiseptic.
Misbranding was alleged for the reason that the statement "Antiseptic," 
appearing on the carton and bottle labels, was false and misleading. Mis- 
branding was alleged for the further reason that the statements on the carton, 
"Sozodont Liquid is a good medium for use in massaging the gums. The gums 
should be thoroughly massaged to reduce the chances of pyorrhea," were 
statements regarding the curative or therapeutic effects of the article, and were 
false and fraudulent, since it contained no ingredient or combination of ingre- 
dients capable of producing the effects claimed.
On January 15, 1932, 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.
ABTHTJB M. HTDE, Secretary of Agriculture.