21548. Misbranding of Ercolin. U. S. v. 95 Bottles of Ercolin. Default 
decree of condemnation and destruction. (F. & D. no. 30462. S. no. 
26497-A.)
Examination of the drug preparation, Ercolin, disclosed that the article con- 
tained no ingredient or combination of ingredients capable of producing certain 
curative and therapeutic effects claimed in the labeling.
On May 16, 1933, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme Court 
of the District of Columbia, holding a district court, a libel praying seizure 
and condemnation of 95 bottles of Ercolin at Washington, D.C., alleging that 
the article was being offered for sale at the premises of the Peoples Drug 
Stores, Inc., Washington, D.C., 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 gallic acid and glycerin dissolved in water. It contained 
mold.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing on the bottle and carton labels and in the accompany- 
ing circular, regarding the curative and therapeutic effects of the article, were 
false and fraudulent: (Carton) "For Hay Fever and Sinus Instant Relief 
* * * Other Uses Ercolin gives relief for * * * rose colds, rose fever, 
rhinitis, sore throat * * * catarrh, as well as hay fever and sinus. * * * 
Directions For hay fever and sinus, apply Ercolin full strength by means of 
nasal douche * * * special directions for sinus * * *; (bottle label) 
" For Hay Fever and Sinus    Other Uses    Ercolin gives relief for   *    *    *
rose colds, rose fever, rhinitis, sore throat * * * catarrh, as well as hay 
fever and sinus. * * * Directions For hay fever and sinus, apply Ercolin 
full strength by means of nasal douche * * * special directions for sinus " 'r 
(circular) " Palliative Treatment for Hay Fever Sinus Catarrh * * * Hay 
Fever—What It Is Science has proved that hay fever is due to protein toxin 
infection. Pollen from the flowers of certain plants, grasses and trees is car- 
ried long distances on the wind and lodges on the mucous lining of the nose, 
eyes and throat. This is why even people who live in the heart of the city, 
with no green things growing near, may suffer acutely from hay fever. These 
pollens are about 25% raw protein. This protein is absorbed directly into the 
blood through the mucous membranes and produces a distinct toxic effect. It 
disturbs the blood balance and nervous system, causing the symptoms of hay 
fever—profuse flowing from eyes and nose, frequent and body-wracking sneez- 
ing, general malaise, insomnia, headache, poor appetite, fever, and, in many 
cases, asthma. Doctors say asthma is almost sure to develop, if hay fever is 
neglected. Sufferers may also become acutely sensitive to dust, smoke, gases 
and animal dandruff. Hay fever can be contracted by persons of any age. 
The tendency of an attack is to sensitize one to the disease. Once contracted, 
hay fever lasts for years, in recurring attacks. How Ercolin Acts Ercolin 
is a harmless chemical solution which, upon coming in contact with the pollens 
lodged on the membranes, immediately neutralizes and precipitates the protein, 
washing it away before it is absorbed into the blood stream. During the hay 
fever season, when pollens are freely flying, they are constantly lodging on the 
mucous membranes. Best results, therefore, are obtained by using Ercolin as 
frequently as necessary to maintain your comfort. * * * for Hay Fever 
Ercolin is most quickly effective through the use of the nasal douche * * * 
the effected tissues in parts of the nose and mouth * * * Start using 
Ercolin with a treatment night and morning a few days before the hay fever 
season is due, thus beginning the treatment before the membranes have become 
inflamed and congested. Use as freely as necessary to obtain comfort during 
the whole hay fever season. Rose fever and rose colds are essentially the same 
as hay fever, and are due to the infection from the pollen of grasses which 
flower during the spring and summer seasons. Quick relief follows the use 
of Ercolin, after the same directions as given for the treatment of hay fever. 
How to Use Ercolin for Sinus Sinus is a deep-seated condition. It requires 
some time for Ercolin to penetrate thoroughly to the parts affected. Several 
treatments are sometimes necessary and best results are obtained by frequent 
application. After treatment, blow the nose gently—not violently—to aid in 
washing away the discharge. Apply Ercolin at the flrst sign of infection, using 
the nasal douche or atomizer, and following the same methods of treatment as 
in hay fever. In specially severe cases * * * the irritated membranes 
* * * Chronic Catarrh Chronic Catarrh is almost always the result of 
continual colds, which develop an acute or chronic congestion and inflammation 
of the mucous membranes. Proper treatment means providing free drainage 
to permit the complete removal of the products of inflammation, dead or dis- 
eased tissue, etc. Ercolin is of value in the treatment of catarrh, in that it 
penetrates directly to the affected parts, washes out the poisons, and aids in 
the free elimination of the mucous discharge. Use Ercolin regularly, morning 
and evening, with nasal douche or atomizer, as indicated for sinus. * * * 
Sore Throat Use Ercolin at the very first symptom of a cold, and you may 
save yourself from serious illness. * * * In cases of sore throat and ton- 
silitis, Ercolin, full strength, makes an effective gargle."
On October 18, 1933, no claimant having appeared for the property, judgment 
of condemnation 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.