26124. Adulteration and misbranding of Dabon Brushless Modern Shaving Cream. 
Adulteration and misbranding of Dr. Browns Baby Oil. Misbranding; 
of Dr. Browns Food Lax. J. S. v. Nostane Products Corporation. Plea 
of guilty in part;  verdict of guilty in part.    Fine, $450.     (F. & D. no.
33826.    Sample nos. 6502-B, 67597-A, 67598-A.)
This case involved interstate shipments of Dabon Brushless Shaving Cream, 
Dr. Browns Baby Oil, and Dr. Browns Food Lax. The Dabon Brushless Shaving 
Cream was misrepresented on the label as being antiseptic, and the label bore 
a false and fraudulent representation regarding its curative or therapeutic 
effect as a healing agent Dr. Browns Baby Oil was misrepresented on the 
label as having antiseptic and germicidal properties, and the label bore a false 
and fraudulent representation regarding its curative or therapeutic effect in the 
treatment of skin irritations of babies. Dr. Browns Food Lax was misrepre- 
sented on the label and in an accompanying circular as being a food instead 
of a medicine, and the label and circular bore and contained false and fraudu- 
lent representations regarding its curative or therapeutic effect with respect 
to various diseases and ailments.
On June 21, 1935, 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 an information against the Nostane Products Corporation, Brooklyn, N. Y., 
charging shipment by said corporation in violation of the Food and Drugs Act, 
as amended, from the State of New York into the State of New Jersey on or 
about March 10, 1934, of a quantity of Dabon Brushless Modern Shaving 
Cream which was adulterated and misbranded on or about March 15, 1934, 
of a quantity of Dr. Browns Baby Oil which was adulterated and misbranded; 
and on or about January 30 and May 25, 1934, of quantities of Dr. Browns Food 
Lax which was misbranded.
Analyses showed that the Dabon Brushless Modern Shaving Cream consisted 
essentially of stearic acid, some potassium stearate, and unsaponifiable matter, 
emulsified with a large proportion of water; that Dr. Brown's Baby Oil 
consisted of a neutral mixture of mineral and fatty oils with a small amount 
of thymol; and that Dr. Browns Food Lax consisted essentially of agar-agar 
and various species of Plantago.
The Dabon Brushless Modern Shaving Cream was alleged to be adulterated 
in that its strength and purity fell below the professed standard and quality 
under which it was sold, since the article was represented on the label to be 
antiseptic when used as directed; whereas in fact the article was not antiseptic 
when so used. Said article was alleged to be misbranded in that the statement 
"Antiseptic", borne on the labels of the jars containing the article, was false 
and misleading in that it represented that the article was antiseptic when
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used as directed; whereas in fact the article was not antiseptic when so used. 
Said article was alleged to be misbranded further in that statements regarding 
the curative and therapeutic effect of the article, appearing on the labels of the 
jars, falsely and fraudulently represented that the article was effective as a 
healing agent.
Dr. Browns Baby Oil was alleged to adulterated in that its strength and 
purity fell below the professed standard and quality under which it was sold, 
since the article was represented on the label to be antiseptic and germicidal 
when used as directed; whereas in fact the article was not antiseptic or germi- 
cidal when so used. Said article was alleged to be misbranded in that the 
statements, "An Antiseptic", "Its germicidal and antiseptic properties give it 
the power to kill and prevent the growth of germs", "Directions Rub Dr. Browns 
Baby Oil over the baby's entire body as often as necessary", and "The antiseptic 
action * * *", borne on the labels of the bottles containing the article, were 
false and misleading in that they represented that the article was antiseptic 
and germicidal when used as directed, and that the article was antiseptic 
to kill and prevent the growth of germs; whereas in fact the article was not 
antiseptic or germicidal when so used, and the article did not have the power 
to kill or to prevent the growth of germs. Said article was alleged to be mis- 
branded further in that statements regarding the curative and therapeutic 
effect of the article, appearing on the labels of the bottles, falsely and fraudu- 
lently represented that the article was effective to afford adequate protection 
against rash and skin irritations in the skin folds of babies.
Dr. Browns Food Lax was alleged to be misbranded in that the statements, 
"Food Lax", "Laxative Accessory Food", "food laxative", and "Food Lax is 
an accessory food, not a medicine", borne on the package containing the article 
and contained in an accompanying circular, were false and misleading in that 
they represented that the article was a food product, and that it was a laxative 
accessory food and not a medicine; whereas, in fact, the article was not a food 
product, and was not a laxative accessory food. Said article was alleged to 
be misbranded further in that statements regarding the curative and thera- 
peutic effect of the article, appearing on the labels of the packages and con- 
tained in an accompanying circular, falsely and fraudulently represented that 
the article was effective to regulate the bowels, to give new energy, health and 
pep, to increase vitality, to supply favorable media for the return of essential 
germ life in the intestines, to tone up and purify the whole intestinal tract, to 
remove poison-forming matter, and to improve digestion; effective as a treat- 
ment, remedy, and cure for loss of appetite, dull headaches, habitual con- 
stipation, and the many other ailments resulting therefrom; and effective as 
a treatment, remedy, and cure for auto-intoxication and ailments due to auto- 
intoxication or allied with constipation, such as indigestion, inactive liver, gas 
in bowels or stomach, pains after eating, backaches, rheumatism, catarrh, 
headaches, dropsy, heartburn, heart palpitation, confusion or dullness of mind, 
sexual weakness, fistula, hemorrhoids, feverish sensations, weak joints, obesity, 
thinness, deafness due to catarrh, gallstones, colitis, boils, pimples and other 
skin disorders, eyestrain, irritability, neuralgia, nervousness, neurasthenia, 
insomnia, prostatitis, pruritis, general debility, and sluggish bowels.
On February 5, 1936, a plea of guilty was entered on behalf of the defendant 
corporation as to the counts of the information that related to Dabon Brushless 
Modern Shaving Cream and Dr. Browns Baby Oil, a verdict of guilty was 
returned after trial of the counts of the information relating to Dr. Browns 
Food Lax, and the court imposed a fine of $450.
HARRY L. BROWN, Acting Secretary of Agriculture.