25845. Adulteration and misbranding of Alcothol-Rub.    TJ. S. v. 3 Gross Bot¬
tles of Alcothol-Rub, and another libel proceeding: against the same 
article. Default decree of condemnation, forfeiture, and destruction 
in each case.    (F. & D. nos. 36792, 36923.    Sample nos. 44035-B, 50470-B.)
The label of this article misrepresented its composition, bore an erroneous 
statement concerning the opinion thereon of the medical profession, and was 
without a statement of the quantity of alcohol in the article. With respect 
to one of the shipments referred to here, the article was sold under a professed 
standard to which it did not conform.
On December 14, 1935, the United States attorney for the District of Massa- 
chusetts, and on January 9, 1936, the United States attorney for the District 
of New Jersey, acting upon reports by the Secretary of Agriculture, filed in 
their respective district courts a libel praying seizure and condemnation of three 
gross bottles of Alcothol-Rub at Boston, Mass., and 113 bottles thereof at 
Newark, N. J., alleging in the case in the District of Massachusetts that the 
article had been shipped in interstate commerce on or about November 27, 
1935, by Fallis, Inc., from New York, N. Y., into the State of Massachusetts, 
and in the case in the District of New Jersey, that the article had been 
shipped on or about October 19, 1935, by Fallis, Inc., from New York, N. Y., 
into the State of New Jersey, and charging adulteration and misbranding, in 
the case in the District of Massachusetts; and misbranding ofly in the case 
in the District of New Jersey, in violation of the Food and Drugs Act The 
article in each shipment was labeled in part: (Bottle) "Alcothol-Rub * * * 
Endorsed by the Medical Profession   The Perfect Rubbing Compound."   The
article shipped into the State of Massachusetts, was additionally labeled in 
part:  (Shipping carton) "Rubbing Alcohol Compound Alcohol -70%-."
Analyses showed that the article shipped into the State of Massachusetts 
consisted essentially of alcohol (2 percent), small proportions of glycerin, 
formaldehyde, and perfume, and water; and that the article shipped into the 
State of New Jersey consisted essentially of isopropyl alcohol (2.1 percent) and 
water.
Adulteration of the article, in the case in the District of Massachusetts, was 
charged under the allegation that its strength fell below the professed standard 
under which it was sold, namely, "Rubbing Alcohol Compound —70%—."
Misbranding was charged in the case in the District of Massachusetts (a) 
under the allegation that the bottle label bore the statement, "Alcothol-Rub 
* * * Endorsed by the Medical Profession", and that the said statement was 
false and misleading in that the article contained an insignificant proportion of 
alcohol and in that the medical profession, as a whole, had not endorsed the 
article; (b) under the allegation that a shipping carton bore the statement, 
"Rubbing Alcohol Compound Alcohol —70%—", and that the statement was 
false and misleading; and (c) under the allegation that the package failed to 
bear on its label a statement of the quantity or proportion of alcohol contained 
therein.
Misbranding of the article in the case in the District of New Jersey was 
charged in that the bottle label bore the statement. "Alcothol-Rub * * * 
Endorsed by the Medical Profession", and that the said statement was false and 
misleading in that it created the impression that the article consisted essentially 
of alcohol; when, in fact, it consisted largely of water with a small proportion of 
isopropyl alcohol, and in that the medical profession, as a whole, had not 
endorsed the article. Misbranding of the article in that case was further charged 
in that the package failed to bear on its label a statement of the quantity or 
proportion of isopropyl alcohol contained therein.
On February 7 and March 16, 1936, no claimant having appeared in either 
case, default decrees of condemnation, forfeiture, and destruction were entered.
W. R. GBEGG, Acting Secretary of Agriculture.