25109. Misbranding of Servex Antiseptic Jelly.     TJ. S. v. 23 Sets and 3 Tubes of
Refills of Servex Antiseptic Jelly.    Default decree of destruction.     (F.
& D. no. 35667.    Sample no. 26287-B.)
This case involved a drug preparation the labeling of which contained un- 
warranted curative and therapeutic claims. The labeling also contained rep- 
resentations that the article was antiseptic. Bactericidal tests conducted by 
this Department, however, failed to show that it had antiseptic properties.
On June 24, 1935, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the district court a
libel praying seizure and condemnation of 23 sets and 3 refills of Servex Anti- 
septic Jelly, alleging that the article had been shipped in interstate commerce 
on or about October 18, 1934, by the Servex Laboratories, Ltd., from Hollywood, 
Calif., and charging adulteration and misbranding in violation of the Food 
and Drugs Act as amended. The sets consisted of an applicator and a tube 
of jelly, and the refills consisted of a tube of the jelly.
Analysis of a sample) of the jelly showed that it consisted essentially of 
water, a gum, glycerin, lactic acid, and a zinc salt together with a small quan- 
tity of a saponiflable oil and a phenol.
The libel charged that the article was adulterated in that its strength fell 
below the professed standard or quality under which it was sold, namely, 
(tube) "Antiseptic."
Misbranding was alleged for the reason that the statements (tube) "Anti- 
septic Jelly" and (circular) "Servex offers a * * * tested antiseptic jelly", 
and "bactericidal action" were false and misleading. Misbranding was alleged 
for the further reason that the following statements contained in the circular 
shipped with the article regarding its curative and therapeutic effects were 
false and fraudulent: "Doctors Tell Us—that seventy-five per cent, three out 
of every four, women suffer from various degrees of pelvic congestion. This 
congestion causes a feeling of weight and discomfort. It drains vitality and 
brings discord to the nervous system. Neglected, it insidiously wears down 
resistance and prepares the way for serious disorders.—that this condition is 
frequently associated with erosion of the cervix, the mouth of the womb. This 
causes a disturbing discharge—leucorrhoea. * * * that leucorrhoea is also 
commonly due to an infection in the vagina by the trichomonas vaginalis, which 
causes a profuse discharge often associated with burning and itching. Servex, 
because of its hygroscopic and bactericidal action, aids nature to correct these 
conditions. It stimulates the natural secretions, which help to normalize the 
tissue. For years, physicians have treated such conditions over prolonged 
periods of time by the use of * * * various local applications. * * * 
Physicians recommend the use of Jelly when the secretions are scanty."
On October 5, 1935, no claimant having appeared, judgment was entered 
finding the products misbranded in that the above-quoted statements from the 
circular, regarding the curative and therapeutic effects of the article, were false 
and fraudulent, and it was ordered by the court that the products be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.