20356. Misbranding of Painallay-.    U.S. v.  36 Bottles,  et al.,  of Painallay.
Consent decree of condemnation.   Product released under bond to 
be relabeled.     (F. & D. no. 29040.    Sample nos. 6230-A, 6231-A.)
Examination of the drug preparation Painallay disclosed that the article 
contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. It was also 
claimed for the article that it was not a phenol (carbolic acid) preparation, 
and that it contained no beechwood creosote, whereas it contained cresol, which 
is chemically related to carbolic acid and beechwood creosote.
On October 14, 1932, the United States attorney for the District of Kansas, 
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 con- 
demnation of 36 bottles, 50-cent size, and 10 bottles, 1-dollar size, of the said 
Painallay, at Wichita, Kans., alleging that the article had been shipped in 
interstate commerce on or about September 12, 1932, by the Painallay Co., from 
Kansas City, Mo., to Wichita, Kans., 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 cresol (1 percent), small proportions of glycerin and sac- 
charin, and water (98 percent).
It was alleged in the libel that the article was misbranded in that the 
following statements appearing on the bottle labels were false and misleading, 
since the article contained a phenolic body, namely, cresol, which is chemically 
related to carbolic acid and beechwood creosote: " Painallay is not a Phenol 
(Carbolic Acid) preparation. Neither does it contain Beechwood Creosote and 
should not be mistaken as a product containing these ingredients." Mis- 
branding was alleged for the further reason that the following statements 
appearing on the bottle labels were false and fraudulent: " Painallay a prep- 
aration beneficially efficient in the treatment of Mouth and Throat infections 
and as a general prophylactic. * * * (healing) and relieves pain. As a 
Daily Mouth Wash and Gargle it promotes a healthy condition to the tissues 
by destroying bacteria. Painallay * * * For Mouth and Throat A Scien- 
tific * * * Anodyne, Believes Pain and Heals Beneficial in the treatment 
of * * * Pyorrhea, Trench Mouth or Vincent's, Tonsilitis, etc. * * * 
Directions For all mouth and throat infections it is always advisable to con- 
sult your dentist or physician without delay. Painallay is exceedingly bene- 
ficial in the treatment of the following and other infections to give relief from
•
pain and hasten the process of healing: Pyorrhea and Inflamed Gums—Use full 
strength several times a day, slushing well between the teeth for 3 or 4 minutes. 
Dilute to a weaker solution as case improves. * * * Vincent's or Trench 
Mouth—Follow directions as for pyorrhea. Use frequently and continue indefi- 
nitely even after case seems apparently cured. Extractions—After removal 
of teeth * * * keep out infection * * * Sores—Saturate gauze or 
cotton and bandage on wound."
On November 8, 1932, the Painallay Co., Kansas City, Mo., having appeared as 
claimant for the property and having consented to the entry of a decree, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be released to the said claimant upon payment of costs and the execution 
of a bond in the sum of $100, conditioned in part that it be relabeled under the 
supervision of this Department, and that it should not be sold or offered for 
sale in violation of any existing law.
R. G. TUGWELL, Acting Secretary of Agriculture.