20152. Misbranding of Tal-O-Rnb.    U.S.  v.  263  Small  Packages,  et  al.,  or 
Tal-O-Rnb.     Default   decree   of   condemnation   and   destruction.
(F. & D. No. 28869.     Sample No. 2738-A.)
Examination of the drug preparation involved in this action disclosed that 
the article contained no ingredient or combination of ingredients capable of 
producing certain curative and therapeutic effects claimed in the labeling.
On September 7, 1932, the United States attorney for the Northern District 
of Iowa, 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 263 small packages and 72 large packages of 
Tal-O-Rub, remaining in the original unbroken packages at Sioux City, Iowa, 
alleging that the article had been shipped in interstate commerce on or about 
February 26, 1931, by the McKesson Hall Van Groder Co., from Cleveland, 
Ohio, to Sioux City, Iowa, and charging 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 capsicum extract, volatile oils including eucalyptol, menthol, 
and camphor, and an ointment base composed principally of a petroleum prod- 
uct such as petrolatum.
It was alleged in the libel that the article was misbranded in that the 
following statements, appearing on the jar and carton labels and in an accom- 
panying circular, were false and fraudulent: (Jar) "Foe of Congestion 
* * * For * * * Croup, Sore Throat, Cold in Chest, Etc. * * * 
for Lumbago * * * Rheumatism * * * Cover with warm flannel when 
using on throat, chest or on joints in rheumatism"; (carton) "Foe of Con- 
gestion for * * * sore throat, bronchitis * * * Recommended for * * * 
Rheumatism"; (circular) "Foe of Congestion * * * Used for * * * 
Sore Throat, Croup, Cold on the Chest. Etc. * * * in the treatment of 
-coughs, * * * and bronchial affection. * * * in all affections where 
•congestion is present. * * * congested area, breathing is made easier 
and rest is assured. Especially is this true in chest colds when even the 
heart is overtaxetl to keep up a proper circulation. * * * relieves the 
congestion and lowers the temperature if fever is present. For Children. 
General Directions—for using in Coughs, * * * Bronchitis, Croup and 
Sore Throats— * * * For adults (General Directions for all affections 
of the respiratory tract— * * * Rheumatism * * * Quick Relief fol- 
lows.    *    *    *    Aching Feet    *    *    *    R. lieves    *    *    *    and bunions."
On November 1, 1932, no claimant having appeared for the property, judg- 
ment of condemnation was entered and it was ordered by the court that the ( 
product be destroyed by the United States marshal.
R. G. TTJGWELL, Acting Secretary of Agriculture.