27722. Misbranding of  Monitol Batb Treatment.    U.  S. v. 28 Cans of  Monitol
Batb   Treatment    (and   two   other   seizure   actions   against   the   same 
product).    Default   decrees   of   condemnation   and  destruction.     (F.   &
D. Nos. 39691, 39692, 39693.    Sample Nos. 33670-C, 42769-C, 42770-C.)
The labeling of this product bore false and fraudulent representations re- 
garding its curative and therapeutic effects. It was misbranded further be- 
cause it was labeled to convey the impression that it was a naturally occurring 
substance; whereas it was a manufactured substance.
On June 8 and June 10, 1937, the United States attorneys for the Western 
District of New York and the Northern District of Indiana, acting upon 
reports by the Secretary of Agriculture, filed in their respective district courts 
libels praying seizure and condemnation of 59 dozen cans of Monitol Bath 
Treatment at Buffalo, N. Y., and 28 cans of Monitol Bath Treatment at Fort 
Wayne, Ind., alleging that the article had been shipped in interstate commerce 
on or about February 10 and April 12, 1937, by the H. A. Montgomery Co. from 
Detroit, Mich., and charging misbranding in violation of the Food and Drugs 
Act as amended.
Analysis showed that it consisted essentially of water and an ichthammollike 
material.
The article was alleged to be misbranded in that the following statements 
borne on the metal container were false and misleading when applied to an 
article that was not a naturally occurring substance: "Monitol is an organic 
substance of mineral origin * * * Monitol as it comes to you in this con- 
tainer, is a chemical refinement of a prehistoric substance, that oozes to the 
surface of the earth in pools in a few places on our western plains." It was 
alleged to be misbranded further in that the following statements regarding its 
curative or therapeutic effects were false and fraudulent: (Metal container) 
"Relief from pain is usually experienced after the first Monitol bath. Addi- 
tional Monitol baths from time to time give increasing relief in most cases. 
Obstinate cases may require a Monitol bath daily for several days in succes-
sion before relief is experienced. * * * Arthritis Rheumatism Neuritis 
Sciatica and Lumbago * * * its therapeutic value was demonstrated as a 
veterinary treatment during a cattle pestilence. Its present form and use by 
human beings as a bath treatment for relief from the pains of arthritis, rheum- 
atism, sciatica, neuritis and lumbago is the result of many years of laboratory 
and clinical experiment and demonstration. * * * offered with sincere belief 
in its value as a pain relieving agent"; (shipping carton) "Bath Treatment for 
Relief From the Pains of Arthritis and Rheumatism."
On July 26 and August 11, 1937, no claimant having appeared, judgments of 
condemnation were entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.