22003. Misbranding of Beatsol Earache Outfit. J. S. v. 86 Packages of 
Beatsol Earache Outfit. Default decree of condemnation, for- 
feiture, and destruction.     (F. & D. no. 31568.     Sample no. 43987-A.)
Examination of the drug preparation, Beatsol Earache Outfit, disclosed that 
it contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed on the bottle and carton, and 
in a circular and display carton accompanying the article.
On November 14, 1933, the United States attorney for the Northern District 
of New York acting upon a report by the Secretary of Agriculture, filed in the 
•district court a libel praying seizure and condemnation of 86 packages of Beatsol 
Earache Outfit at Binghamton, N.Y., alleging that the article had been shipped 
in interstate commerce on or about February 15, 1933, by the G. & W. Labora- 
tories, one., from Jersey City, N.J., 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 
•consisted essentially of ether, camphor, eucalyptol,  and alcohol.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative or therapeutic effects of the article, 
appearing in the labeling, were false and fraudulent: (Bottle) " Earache Liquid 
for Earache * * * Buzzing in the ear, etc. * * * Repeat every hour 
until relieved."; (carton) " Earache Outfit sure relief quickly * * * safe! 
reliable and prompt * * * Earache * * * to be used for relieving pain, 
earaches, buzzing * * * in the Ear, etc. * * * Liquid"; (circular) " In 
emergencies when you are in pain and are suffering results are wanted you will 
get quick sure results * * * At night when you have a * * * Splitting 
Earache * * * That is the time when you want quick relief * * * 
Earache * * * Earache liquid * * * You will never know what it 
means to suffer with an awful earache when you use this remedy * * * 
Makes hearing easier "; (display carton) " Earache Outfit."
On December 21, 1933, no claimant having appeared for the property, judg- 
ment 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.