26165. Misbranding of Athlete's Rub  Alcohol  Compound.     U.  S. v.  58 Dozen
Bottles of Athlete's Rub Alcohol Compound. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. no. 37159. Sample no. 
43900-B.)
The label of this article bore erroneous statements concerning both its in- 
gredients and the quantity of the contents of its bottle container and was 
without a statement as to the proportion of alcohol in the article.
On February 11, 1936, the United States attorney for the District of Rhode 
Island, acting upon a report by the Secretary of Agriculture, filed in the dis-
trict court a libel praying seizure and condemnation of a quantity of Athlete's 
Rub Alcohol Compound at Providence, R. I., alleging that the article had been 
shipped in interstate commerce on or about November 12, 1935, by the Tou 
Jour Supply Co., from Brooklyn, N. Y., into the State of Rhode Island, and 
charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: (Bottle) "Athlete's Rub Alcohol Compound * * * 
Athletic Supply Co.  Brooklyn, N. Y."
Misbranding of the article was charged (a) under the allegation that the 
label bore the statement "Alcohol Compound 70 Proof", and that said state- 
ment was false and misleading in that the article contained no ordinary 
(ethyl) alcohol but consisted of a mixture of isopropyl alcohol and water; (b) 
under the allegation that the statement on the label, "16 FL Ozs.", was false 
and misleading in that the package contained less than 16 fluid ounces; (c) 
under the allegation that the package failed to bear on its label a statement 
of the quantity or proportion of isopropyl alcohol contained therein.
On March 9, 1936, no claimant having appeared, a default decree of con- 
demnation, forfeiture, and destruction was entered.
HABBT L. BROWN, Acting Secretary of Agriculture.