28103. Misbranding of Roo-Mo-Rub. U. S. v. 249 Packages and 141 Packages 
of Roo-Mo-Rub. Default decree of condemnation, forfeiture, and de- 
struction.    (F. & D. no. 35374.   Sample no. 24519-B.)
The alcoholic content of this article was not stated on the carton in which 
it was shipped. The statement in that regard on the bottle label was in small 
type and was inconspicuously placed. An examination of the article showed 
that it contained no ingredient or combination of ingredients capable of pro- 
ducing certain curative or therapeutic effects claimed on the bottle label, and 
in statements appearing on the carton in which it was shipped and in a circu- 
lar enclosed in the package.
On April 12, 1935, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed a libel praying 
seizure and condemnation of 290 packages of Roo-Mo-Rub at Atlantic City, N. J., 
alleging that the article had been shipped on or about February 2, 1935, by 
the Roo-Mo-Rub Corporation, from Philadelphia, Pa., to Atlantic City, N. J., 
and charging misbranding in violation of the Food and Drugs Act The article 
was labeled in part:  (Package)  "Roo-Mo-Rub."
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of alcohol (80 percent), water, and a small proportion of 
methyl salicylate, colored bright amber.
It was alleged in the libel that the article was misbranded (a) in that the 
packages failed to bear a statement on the label of the quantity or proportion 
of alcohol contained in the article, and (b) in that the bottle label and the 
carton bore, and a circular enclosed in the package contained, among other 
statements, false and fraudulent statements regarding the curative or thera- 
peutic effects of the article in the treatment of pain arising from swollen 
glands and joints, rheumatism; sore and aching feet, nerves; muscular lum- 
bago; minor burns; eruptions; sciatica; swollen and stiff joints; swellings; 
cuts; wounds; open sores; inflammations due to outdoor exposures; pus 
cavities; chafings; abrasions; suppurative sores and pus areas; catarrhal con- 
ditions of mucous surfaces; scarlet, typhoid; scarlatina and other fevers; 
pneumonia; debilitated conditions; gout; erysipelas; mastitis; boils; car- 
buncles; sore throat, bronchial and laryngeal cold, bronchitis; headache; sore 
feet; neuritis."
On September 4, 1935, no claimant having appeared, judgment of condemna- 
tion, forfeiture, and destruction was entered.
W. R. GREGG, Acting Secretary of Agriculture.