20376. Misbranding of Merchant's Gargling Oil Liniment Family Use and 
Merchant's Gargling Oil Liniment Man or Beast. U.S. v. 42 Small 
Bottles of Merchant's Gargling Oil Liniment Family Use, et al. 
Default    decree   of   condemnation,    forfeiture,   and    destruction.
(F. & D. no. 28819.    Sample nos. 4094-A, 4095-A.)
Examination of the drug preparations involved in this action disclosed that 
the articles contained no ingredients or combinations of ingredients capable of 
producing certain curative and therapeutic effects claimed in the labeling.
On September 13, 1932, the United States attorney for the Northern District 
of Illinois, 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 42 small bottles, 10 medium-sized bottles, and 10 
large bottles of Merchant's Gargling Oil Liniment Family Use, and 29 bottles 
of Merchant's Gargling Oil Liniment Man or Beast, at Chicago, Ill., alleging 
that the articles had been shipped in interstate commerce on or about May % 
1932, by the Merchant's Gargling Oil Co., from Lockport, N.Y., to Chicago, Ill., 
and charging misbranding in violation of the Food and Drugs Act as amended.
Analyses of samples of the articles by this Department showed that the lini- 
ment labeled " For Family Use " consisted essentially of extracts of plant drugs, 
a tarry substance, volatile oils (including tar oil, turpentine oil, eucalyptol. 
and camphor), ammonia, alcohol (34.6 percent by volume), and water; and 
that the liniment labeled " Man or Beast " consisted essentially of tar, ammonia, 
volatile oils (including turpentine oil, eucalyptol, and camphor), alcohol (34 
percent by volume), and water.
It was alleged in the libel that the labeling of the Gargling Oil Liniment 
Family Use contained false and fraudulent statements regarding the thera- 
peutic or curative effects of the article in pain, rheumatism, lumbago, sciatica, 
lame back, strains of every nature, pleurisy, quinsy, sore throat, cramps, bun- 
ions, sore, tired aching feet, nervous and muscular ailments following broken 
arches of the feet, piles, caked breasts, sore nipples, backache, toothache, lame- 
ness, stiff neck, stiff joints, swellings, headache, earache, old sores, external 
poisons, facial blemishes, boils, bites of animals, ingrown toe-nails, swollen feet, 
tender feet, stings from poisonous insects; and that the labeling of the Garglng 
Oil Liniment Man or Beast contained false and fraudulent statements regarding 
the therapeutic or curative effects of the article in cockle joints, cracked heel, 
ring bone', bony enlargement, poll evil, shoulder or stifle lameness, spavins, 
sweeny, fistula, sitfast, external poisons, grease, striughalt, rusty-nail pricks, 
lameness, foundered feet, spavin, splint, horn distemper, roup in poultry, influ- 
enza, pain, crown scab, thrush, fever in feet, quittor, chronic abscess of feet, 
swellings, wounds of joints and tendons, foul ulcers, abscess of udder, and 
udder ills.
On November 16, 1932, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the products be destroyed by the United States marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.