29273. Misbranding of   Mentholated   La   Paris   Kerchiefs.     IT.   S.   v.   58  Dozen
Packages of Mentholated La Paris Kerchiefs (and 2 other seizure 
actions against the same product.) (F. & D. Nos. 41861, 41945, 42278. 
Sample Nos. 2878-D, 3031-D, 8442-D.)
The labeling of this product bore false and fraudulent curative and therapeutic 
claims.
On March 7, March 11, and April 28, 1938, the United States attorneys for 
the Northern District of Illinois and the Northern District of California, acting 
upon reports by the Secretary of Agriculture, filed in their respective district 
courts libels praying seizure and condemnation of 58 dozen packages of Men- 
tholated La Paris Kerchiefs at Chicago, Ill.; and 107% dozen packages of the 
same product at San Francisco, Calif. The libel filed in the Northern District 
of California on March 11, 1938, was amended subsequently. The libels alleged 
that the article had been shipped in interstate commerce in part by the Sterilek 
Co., Inc., from New Hartford, N. Y.; in part by the East West Shippers, from 
New Hartford, N. Y., and in part by the Bast West Shippers from New York, 
N. Y., between the dates of January 11 and March 16, 1938; and charged that it 
was misbranded in violation of the Food and Drugs Act as amended.
A sample of the article upon analysis was found to consist essentially of 
tissue paper impregnated with volatile oils, including menthol and oil of 
eucalyptus.
The article was alleged to be misbranded in that the following statements 
appearing in the labeling regarding its curative or therapeutic effects were false 
and fraudulent: "For * * * hay fever. Rose fever. Sinus. Soothes nasal 
irritation or * * * inflamed * * * skin. * * * Use as protection 
when in crowds * * * they are so soothing to inflamed skin * * * 
especially recommended for use in case of:—Rose Fever.   Hay Fever."
On May 24, May 25, and June 27, 1938, no claimant having appeared, judg- 
ments of condemnation were entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.