926. Adulteration of Mennen Antiseptic Oil.    IT.  S. v.  38 Packages of Mennen
Antiseptic Oil. Default decree of condemnation. Product ordered de-
livered to New York City Salvage Committee. (F. D. C. No. 8250. Sample
No. 16841-F.)
On August 27, 1942, the United States attorney for the Southern District of
New York filed a libel against 38 packages of Mennen Antiseptic Oil at New
York, N. Y., alleging that the article had been shipped in interstate commerce on
or about February 16,1942, by the Mennen Co., from Newark, N. J.
Bacteriological examination showed that the article was neither germicidal
nor self-sterilizing. Chemical examination showed that it consisted of a yellow,
perfumed, saponifiable oil containing small amounts of hydroxyquinoline, chloro-
butanol, hydroquinone, and benzoic acid. The article was alleged to be adul-
terated in that its strength differed from that which it was represented to.
possess in the labeling, "Germicidal,   *    *    *    Self Sterilizing."
It was alleged to be misbranded in that the following statements appearing
in the labeling were false and misleading since the article was not a germicide,
was not self-sterilizing, and was not efficacious for the symptoms and conditions
mentioned: "* * * Germicidal * * * Self-Sterilizing * * * It is so
medicated as to make the oil   *    *    *   germicidal   *    *    *    self-sterilizing.
*?* * It has equal antiseptic and germicidal powers to the commonly used
ammoniated mercury ointments. * * * The oil is self-sterilizing, and auto-
claving is not necessary. * * * It helps kill and prevent the growth of pyo-
genic organisms as long as it is in contact with the skin. * * * It helps
maintain and conserve vital body temperature. It helps sterilize * * * the
diaper area. * * * Meets the widespread demand of hospitals, physicians,
nurses   and   mothers   *    *   *   germicidal   *    *    *   and   self-sterilizing   oil
*?* * offers protection against infection * * * Mennen Antiseptic Oil aids
in keeping the skin of the babies free from pyogenic organisms. * * * quickly
relieves * * * aggravated skin conditions. Prescribed where * * * ger-
micidal oil dressing is required."
It was alleged to be misbranded further in that it was fabricated from two
or more ingredients and its label failed to bear a statement of the quantity or
proportion of chlorobutanol, a chloroform derivative, contained therein.
On October 1, 1942, no claimant having appeared, judgment of condemnation
was entered and the court ordered the marshal to deliver the article to the New
York City Salvage Committee for national defense and salvage purposes.
DRUGS ACTIONABLE BECAUSE OF FALSE AND MISLEADING CLAIMS28
DRUGS FOR HUMAN USE