16255. Misbranding of Rising Mist salve. XI. S. v. 14% Dozen Packages of ] Rising Mist Salve. Default decree of condemnation, forfeiture, and destruction. (P. & D. No. 23494. I. S. No. 07907. S. No. 1716.) On March 6, 1929, the United States attorney for the Eastern District of I Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the district Court of the United States for said district a libel praying seizure and condemnation of 14% dozen packages of Rising Mist salve, remaining in the original unbroken packages at Philadelphia, Pa., consisted by Wynn's Rising Mist Co., Elmira, N. Y., alleging that the article had been shipped from Elmira, N. Y., on or about January 21, 1929, and transported from the State ol New York into the State of Pennsylvania, and charging misbranding in violation of "te food and drugs act as amended. . Analysis of a sample of the article by this: department showed that it con- Slsted essentially of petrolatum, containing small amounts of menthol, camphor, methyl salicylate, and oil of eucalyptus'. t-k m m 'ffe -I* tv 'rf i i It was alleged in the libel that the article was misbranded in that the follow ing statements regarding the curative and therapeutic effects of the said artick (jar label) "Pain * * * Croup. Sore Throat, Grip, Catarrh, Pneumonia * * * For * * * Pains Croup * * * pneumonia * x * Cough; ing, sore muscles * * * Neuralgia, eczema, itching piles, boils. Rheumatic Pains, stiff joints, lame back * * * For Coughs or Sore Throat * * * For * * * Pain," (carton) "For Pain * * * For Croup (Spasmodic) * * * Pneumonia, Catarrh. Tonsilitis, Bronchitis, Sore Throat. Whooping Cough, Asthma * * * Neuralgia, Eczema, Itching Humors, Itching Pii^: Boils, Rheumatic Pains," (circular) "For Croup (Spasmodic) * * * Pneit monia, Catarrh, Tonsilitis, Bronchitis, Whooping Cough, Asthma, Sore Throat j|f * * * Neuralgia, Eczema. Itching Humors, Boils, Rheumatic Pains * * * For * * * Pain * * * Rising Mist * * * is the * ? * way to! ||' treat all diseases of the respiratory organs * * *. If throat is sore, a small piece of Rising Mist dissolved in mouth, swallowed slowly will give relief,. * * * some penetrate, carrying the medication direct to the innermost a- fected parts, thus aiding the Mist in scattering the congestion. * * * Cough- Ill ing, Sore Throat, Itching Piles. Boils. Stiff Joints, Lame Back, Sore Feet ;i|| * * * Penetration for Pains * * * for stiff joints, lameness, lumbago, |ta| sore muscles, etc., Rising Mist * * *. During convalescence there is much pi pus to be gotten rid of and a free application of Rising Mist will help this \%l process, which should * * * be * * * helped by the use of Rising Mist ||| Coughs * * * Croup Spasmodic * * * Catarrh Rising Mist has helped, *jf| * * * cases of Catarrh. The essential oils in this salve promotes healing j and softens the mucous membrane and hard sores. * * * Asthma * * *$| Sore Throat, Tonsilitis * * * La Grippe * * * Sore Feet. For Sore * * * massage feet with Rising Mist * * * Distemper * * * Roup in Fowls * * * Pneumonia in Horses * * * Pneumonia * * * cover the chest * * * all the affected parts with a thick layer of Rising Mist * * * Repeat Application * * * until fever is reduced," were false and '^fj fraudulent in that the article contained no ingredient or combination of ingredi- 5|i ents capable of producing the effects claimed, and in that the said statements ?, were applied to the article knowingly and in reckless and wanton disregard of P their truth or falsity, so as to represent falsely and fraudulently to the pur chasers thereof and create in the minds of such purchasers the impression and belief that the article was in whole or in part composed of or contained ingredi- ents or medicinal agents effective in the diseases and conditions named therein. On April 11, 1929, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. ARTHUR M. HYDE, Secretary of Agriculture.