24076. Adulteration and misbranding of Anti-Pyrexol. U. S. v. 85 Boxes, 
et al., of Anti-Pyrexol. Default decree of condemnation and de- 
struction.     (F. & D. no. 33308.    Sample no. 10827-B.)
This case involved a drug preparation, the labeling of which contained un- 
warranted curative, therapeutic, and antiseptic claims.
On September 10, 1934, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of eighty-five 15-ounce boxes, five 
5-pound boxes, and one 10-pound box of Anti-Pyrexol at Portland, Oreg., alleging 
that the article had been shipped in interstate commerce on or about May 17, 
July 6, and July 16, 1934, by the Kip Corporation, from Los Angeles, Calif., and 
charging adulteration and misbranding in violation of the Food and Drugs Act 
as amended.
Analysis showed that the article consisted essentially of zinc oxide with small 
amounts of phenol and essential oils including methyl salicylate in an oint- 
ment base.   Bacteriological examination showed that it was not antiseptic.
The article was alleged to be adulterated in that its strength fell below the 
professed standard of quality under which it was sold, namely, "Antiseptic." 
Misbranding was alleged for the reason that the following statements appear- 
ing on the container were false and misleading: (Lithographed on can) "Anti- 
septic " ; (sticker on bottom of can) " This Lot * * * has been Tested Bac- 
teriologically according to Department of Agriculture, Drug & Food Control, 
methods of Testing antiseptics." Misbranding was alleged for the further 
reason that the statement appearing on the can label, "Antiseptic Treatment", 
was a statement regarding the curative or therapeutic effects of the article 
and was false and fraudulent.
On December 17, 1934, no claimant having appeared, judgment of condem- 
nation was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.