21224. Misbranding of Cre-Cal-Co.    IT. S. v. S Bottles and 10 Bottles of Cre-
Cal-Co.     Default   decrees   of   condemnation,   forfeiture,   and   de- 
struction.     (F. & D. nos. 30519, 305*20.    Sample nos. 26888-A, 38953-A.)
Examination of the preparation Cre-Cal-Co disclosed that it contained no 
ingredient or combination of ingredients capable of producing certain curative 
and therapeutic effects claimed on the carton label.
On May 25, 1933, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 8 bottles of Cre-Cal- 
Co at Morgan City, La. On May 27, 1933, a libel was filed in the Southern Dis- 
trict of Indiana against 10 bottles of Cre-Cal-Co at Laconia,  Ind.    It was
alleged in the libels that the article had been shipped in interstate commerce, in 
part on or about November 23, 1932, and in part on or about February 2, 1933, 
by the Creo Chemical Co., from San Antonio Tex., and that it was misbranded 
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 a small proportion of a phenolic substance, such as creosote, 
and approximately 99 percent water.
The libels charged that the article was misbranded in that the following 
statements on the cartons, regarding the curative and therapeutic effects of the 
article, were false and fraudulent: " Directions for Colds, LaGrippe, Influenza 
and Pneumonia One to two tablespoonfuls in hot water every one to two hours 
until ' cold' and fever subside. * * * For Chronic Catarrh, Bronchitis, 
Tuberculosis and any Germ Infection * * * ' Creosote, having volatile con- 
stituents which are excreted in the expired air, and which are powerfully anti- 
septic, may well be of great vahte in these fall germs) conditions' * * * 
To obtain greatest value from the use of Cre-Cal-Co in all acute germ infections 
you should take Cre-Cal-Co until lung saturation is obtained. Medicine * * * 
should be taken to saturation to assure constitutional benefit. * * * Latest 
Discovery for the Treatment of all Affections of the Nose, Throat and 
Lungs * * * Important Notice: People who are constantly ' taking cold' 
should be examined for some deep-seated germ infection, with acidosis and 
poor elimination. * * * Take thorough purgative and two tablespoonsfuls 
of Cre-Cal-Co before meals and at bedtime."
On June 22, and September 14, 1933, no claimant having appeared for the 
property, judgments of condemnation and forfeiture were 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.