27727. Misbranding of Count's Kill Germ.    U. S. v. 11 Bottles and 45 Bottles of
Count's   Kill   Germ.     Default   decrees   of   destruction.     (F.   &   D.   Nos. 
39952, 39953.    Sample Nos. 37068-G, 37069-C.)
The labeling of this product contained false and fraudulent representations 
regarding its curative or therapeutic effects, and also bore false and mislead- 
ing representations regarding its alleged effectiveness as a germicide.
On July 8, 1937, the United States attorney for the Western District of 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 56 bottles of Count's 
Kill-Germ at Louisville, Ky., alleging that the article had been shipped in 
interstate commerce on or about December 7 and December 31, 1936, by Count's 
Chemical Co.-from Nashville, Tenn., and charging misbranding in violation of 
the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of mineral oil, with 
small amounts of pine-needle oil and water. Bacteriological examination showed 
that it was devoid of antiseptic properties.
The article was alleged to be misbranded in that the statement "Kill-Germ," 
borne on the wrapper and bottle, was false and misleading since it represented 
that the article would kill germs; whereas it was devoid of germicidal prop- 
erties.
It was alleged to be misbranded further in that the following statements on 
the wrapper and bottle, regarding its curative or therapeutic effects, were false 
and fraudulent: (Wrapper) "The Healer of the Age;" (bottle) "Kill-Germ. Rec- 
ommended for: Rheumatism, coughs, colds, asthma, indigestion, catarrhal bron- 
chitis, catarrah of the stomach or ulcerated stomach, and as a blood purifier. 
For sores, burns, boils, carbuncles, felons, * * * cuts, ringworm, erysipelas, 
gaulds, * * * any inflammation of the mucous membranes, eye, ear, nose, 
or throat.   *   *   *   For piles or hemorrhoids."
An August 17, 1937, no claimant having appeared, judgments were entered 
ordering that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.