22012.  Misbranding of X-Z-Mex.    V. S. v. 717 Jars of X-Z-Mex.    Default de- 
cree  of  condemnation,  forfeiture,  and   destruction.    (F.  &  D.  no.
31167.    Sample no. 43039-A.)
Examination of the drug product, X-Z-Mex, disclosed that it contained no 
ingredient or combination of ingredients capable of producing certain curative 
and therapeutic effects claimed in the labeling.
On September 29, 1933, the United States attorney for the Eastern 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 717 jars of X-Z-Mex 
at Maspeth, Long Island, N.Y., alleging that the article had been shipped in 
interstate commerce on or about September 8,1933, by the Dr. Jayess Pharmacal 
Products, from Allston Station, Boston, Mass., 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 zinc oxide (5.3 percent), salicylic acid (1.1 percent), 
sodium salicylate (1.3 percent), mercurous chloride (2.2 percent), volatile oil 
such as cade oil (1 percent), and water (4.7 percent), incorporated in 
petrolatum.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding its curative and therapeutic effects, appearing on the 
jar and carton labels and in the circular shipped with the article, were false 
and fraudulent: (Jar) "Use 'X-Z-Mex' for Skin Affections * * * Useful 
for the treatment of eczema * * * psoriasis, pimples, ulcers, effective for 
dandruff, affected parts   *   *   *   For dandruff";  (carton)  " Use ' X-Z-Mex'
* * * for Skin Affections Healing * * * Use 'X-Z-Mex' * * * for 
Skin Affections Useful for Eczema * * * Use ' X-Z-Mex '* * * for Skin 
Affections * * * Use 'X-Z-Mex' * * * for Skin Affections Useful for 
Acne—Pimples—Dandruff. * * * To parts Affected"; (circular) "Use 
' X-Z-Mex' * * * For Skin Affections * * * Heals * * * Pimples- 
Acne * * * Eczema of the Arm * * * for skin affections such as 
Eczema, Psoriasis, * * * Acne, Pimples, * * * Barber's Itch, Dand- 
ruff, Itching Scalp Conditions. * * * affected parts * * * In cases of 
Eczema or other spreading skin affections * * * Eczema Legs * * * 
Eczema—Hand * * * Eczema-Hand * * * Two weeks ago my face 
was covered with running sores * * * I tried X-Z-Mex ointment and in a 
few days the running stopped entirely and now my face is as good as ever.
* *    *    It works like magic.   *    *    *   X-Z-Mex my face (especially my chin,
72959—34 2
was in terrible condition, constantly irritated due to having to shave and seemed 
to be growing worse every day. After using this ointment mentioned above for 
two weeks my face is back to its originally healthy condition. * * * After 
trying for months to get rid of a skin infection on my face without results, I 
tried X-Z-Mex ointment. My face is clearing up and leaving my skin in a good 
healthy condition. * * * Barber's Itch * * * X-Z-Mex and after using 
just two jars of this ointment it cleared up my face and left it in good healthy 
condition. * * * your X-Z-Mex. Have used * * * same in many cases 
of Eczema with exceptionally good results. * * * Have used your X-Z-Mex 
for a skin condition which broke out on my face, and had exceptional good 
results after using one (1) jar. I can recommend same to anyone afflicted 
with skin trouble. * * * stubborn cases of Athlete's Foot * * * 
X-Z-Mex. I have been greatly bothered with a rash on my forehead for a 
number of years * * * X-Z-Mex * * * got almost immediate results 
from the use of one jar. * * * the results I get from X-Z-Mex. * * * 
X-Z-Mex for an infection that I contracted in a barber shop. It broke out very 
badly with sores and pimples which were very itchy. After several applica- 
tions of your ointment it cleared up the face very nicely. I will not hesitate to 
recommend X-Z-Mex to anyone suffering from conditions such as mine. * * * 
X-Z-Mex for conditions on feet * * * wonderful ointment for such condi- 
tions as * * * Eczema. * * * For several years I have suffered from 
Eczema on my legs. Have tried various advertised remedies without any 
permanent results. After using X-Z-Mex I received greater benefit than any 
other remedy."
On November 27, 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.