21191. Misbranding of Andes' Great Oil.    TT. S. v. 33 Bottles of Andes Great
Oil.    Default decree of condemnation, forfeiture, and destruction.
(F. & D. no. 29011.    Sample no. 7199-A.)
Examination of the drug preparation Andes' Great Oil disclosed that it con- 
tained no ingredient or combination of ingredients capable of producing certain
curative and therapeutic effects claimed on the bottle and carton labels and in 
a circular shipped with the article. The label failed to bear an informative 
declaration of the quantity or proportion of alcohol contained in the article.
On October 7, 1932, the United States attorney for the Middle District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 33 bottles of Andes' 
Great Oil at Montgomery, Ala., alleging that the article had been shipped in 
interstate commerce on or about May 21, 1932, by the Crump Laboratories, 
from Louisville, Ky., 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 ammonia, capsicum oleoresin, volatile oils including clove 
oil, eucalyptus oil, and camphor, traces of sodium carbonate and an iron com- 
pound (alcohol 14.9 percent by volume), and water.
It was alleged in the libel that the article was misbranded in that its package 
failed to bear on the label a statement of the quantity or proportion of alcohol 
contained in the article, since the statement "Alcohol not over twenty-five per 
cent", borne on the label, failed to inform the purchaser that the alcohol con- 
tent was only 14.9 percent. Misbranding was alleged for the further reason 
that the following statements in the labeling, regarding the curative and thera- 
peutic effects of the article, were false and fraudulent: (Bottle) " For Aches 
and Pains"; (carton) "Recommended for Rheumatism, * * * Toothache, 
Earache, Backache, * * * Sore Throat, Pleurisy, * * * Aches or 
Pains"; (circular) "Pain medicine Pain may occur in any part of the body. 
When seized with pain think of Andes Oil and apply at once * * * It acts 
splendid. Rheumatism is a disease that few people are ever so fortunate as to 
escape. Its favorite seats are the joints and nerves, or changing of the pain 
from one place to another are its ruling symptoms. Now it will attack the 
shoulder. Next we find it in the knee; when leaving the knee it will appear 
in the hip joints, and thus it will go successively visiting every joint in the 
body. * * * recommended for Rheumatism. * * * rubbed over the 
painful and swollen parts. * * * Toothache. * * * Pain in the Head, 
Etc. * * * Sore throat. * * * Lumbago. * * * Lumbago Pains. 
*    *    *   Diarrhea & Cramps."
On June 30, 1933, 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.
M. L. WILSON, Acting Secretary of Agriculture.