19874. Misbranding of Inhalers. V. S. v. 90 Inhalers. Consent decree of 
destruction.    (F. & D. No. 25429.    I. S. No. 15627.    S. No. 3653.)
This action involved the interstate shipment of a number of so-called torpedo 
inhalers containing menthol. The labeling of the article represented that it 
possessed curative and therapeutic properties which, in fact, it did not possess.
On or about December 12, 1930, the United States attorney for the District of 
New Jersey, 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 90 inhalers, remaining in the original unbroken 
packages at Atlantic City, N. J., alleging that the article had been shipped in 
interstate commerce on or about October 28, 1930, by W. C. Belmonte, from 
New York, N. Y., to Atlantic City, N. J., and charging misbranding in violation 
of the food and drugs act as amended. The article was labeled in part: 
" Torpedo."
Analysis of a sample of the article by this department showed that it consisted 
of menthol crystals.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing in the labeling, regarding the" curative or therapeutic 
effects of the article, were false and fraudulent, since it contained no ingredient 
or combination of ingredients capable of producing the effects claimed: (Card 
label) "An Effective Remedy for * * * Catarrh, Hay Fever, Neuralgia, 
Headache, Faceache, Etc.   For Sore Throat."
On January 14,1931, W. C. Belmonte, New York, N. Y., entered an appearance 
as claimant for the property. On October 18, 1932, the claimant having con- 
sented to the entry of a decree, judgment was entered ordering that the product 
be destroyed.
HENET A. WALLACE, Secretary of Agriculture.