18690.' Adulteration and misbrandingr of Ozojell. U. S. v. 21 Packages of 
Ozojell. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. No. 26356.    i. S. No. 5773.    S. No. 4664.)
Examination of samples of the drug product Ozojell showed that the article 
was represented to be an antiseptic and germicide, whereas it was not, also 
that it was labeled as possessing curative and therapeutic properties which it 
did not possess.
On May 19, 1931, the United States attorney for the District of Porto Rico, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 21 packages of the said Ozojell, alleging that the article had been 
shipped by Yglesias & Co. (Inc.), New York, N. Y., on or about November 28, 
1930, to Porto Rico, and was being sold and offered for sale in Porto Rico by 
the Drug Co. of Porto Rico (Inc.), San Juan, P. R., and charging adulteration 
and misbranding in violation of the food and drugs act as amended-.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of an ointment with a lanolin and lard base, containing men- 
thol, chlorbutanol, salol, and volatile oils including cinnamon oil and bitter 
almond oil.   Bacteriological examination showed that the article was incapable
either of killing or of preventing the growth of common pathogenic microorgan- 
isms such as Staphylococcus aureus.
It was alleged in the libel that the article was adulterated in that its 
strength fell below the professed standards of "Antiseptico " and " Germicida " 
under which it was sold.
Misbranding was alleged for the reason that the following statements, appear- 
ing in Spanish on the tube label and in the circular, were false and misleading: 
(Tube) "Antiseptico, Germicida;" (circular) "Antiseptic." Misbranding was 
alleged for the further reason that the following statements appearing in 
Spanish in the labeling, regarding the curative and therapeutic effects of the 
said article, were false and fraudulent, since it contained no ingredient or com- 
bination of ingredients capable of producing the effects claimed: (Tube'Label) 
"For Nasal catarrh * * * also cures catarrhal deafness and noise in the 
ears;" (circular) " Ozojell for nasal catarrh * * * nasal deafness, noise in 
the ears, and all catarrhal affections of the head, nose and throat * * * 
Nasal Catarrh-Its Causes and Symptoms: The nose fulfills three important 
functions: first, it is the smelling organ; second, it is the channel through which 
we breathe; and third, it gives character and sonority to the voice. When a 
cold is contracted the mucous membrane of the nose becomes inflamed and the 
adjoining veins become congested, and the mucous secretion increases according 
to the severeness of the attack. The mucus is in reality * certain Watery ele- 
ment of the1 blood filtered between the veins that are found adjoining the mucous 
membrane. The cover of the mucous membrane of the-dasal cavities is united 
to that which cavers the throat and bronchial tubes. - The air we breathe passes 
through the lower or direct nasal canal. It is warmed and moistened while 
passing, therefore, it enters into the lungs at a temperature equal to that of 
the body, not causing the least irritation or inflammation to the bronchial tubes 
and"lungs. - When the mucous membrane of the nose becomes inflamed because 
'Of a cold Jand Impedes the free entrance of the air through the nasal cavities, 
the patient is therefore obliged to breathe through the mouth, then, the air 
deprived of its chdracteristic warmness and humidity, enters the lungs as a 
sudden gush of dry and cold air, giving way to bronchial and pulmonary affec- 
tions. The germs of tuberculosis never enter the lungs through the nose but 
through 'the mouth. We should always breathe through the nose and not 
through the mouth. The smelling sense is also-an important protector against 
disease. It allows us to detect any kind of decomposition in our food and 
beverages, and also to distinguish between pure and impure air. All the organs 
of the respiratory tract are susceptible to catarrhal attacks, but these attacks 
are secondary to the nasal catarrh; this disease always has its origin in the 
nasal cavities and gradually extends itself to other parts of the respiratory sys^ 
tem by means of the mucous membrane. The nasal catarrh begins with a cold. 
The membrane becomes inflamed as well as the canal becomes narrower or 
closes up completely, thus resulting in difficult breathing. Because there is no 
sufficient quantity of air in the throat to expell the mucus through the nose, a 
large quantity of it enters the throat thus falling drop by drop into the larynx, 
pharynx and bronchial tubes, finally producing an irritation in the lungs. 
Treatment and Cure: After having spent many years in the study of nasal 
catarrh, we have been able to manufacture a preparation that with all cer- 
tainty will cure over ninety-five per cent of cases of nasal catarrh, whenever 
our preparation is used in accordance with the instructions given. To this 
marvelous preparation, Which is -a fragrant antiseptic disinfectant, germicide 
and powerful jelly, we have given the name of ' Ozojell.' Ozojell with all 
certainty enters into the mucous membrane and the tissues that are always 
affected seriously in all catarrhal conditions, alleviating the inflammation and 
curing the catarrh, acute or chronic. When the inflammation reaches the 
superior region of the throat, Ozojell should'be applied on top of the nasal 
eavitles, -the chin should be raised a little ,bit and the head should be dropped 
back as far as possible In order that Ozojell when it melts should pass by 
gravity to the throat and bronchial tubes. By this means the remedy will 
reach all the affected parts. * * * When Ozojell is applied as indicated. It 
will come in contact with the eustachian tube where the posterior parts of the 
nasal passages enter and will alleviate the congestion ?hat may -exist in them, 
thus removing any noise in the ears and will cure what is known under the 
name of ' Catarrhal Deafness ' * * * Ozojell promptly relieves the dryness 
that is left, restores the proper execution of its normal functions. * * * 
Ozojell is a sure preparation to alleviate and cure nasal catarrh, * * * 
catarrhal deafness,"noise In the ears and all catarrhal affections of the nose,
head and throat. It clears the head, nose and throat thus assuring a free 
breathing through the nose, which is the natural thing. The nose filters the 
air we breathe and impedes the dust and microbes from entering into the: lungs; 
that is why Ozojell is necesary to prevent pulmonary affections. For earache, 
a melted drop of Ozojell is necessary to prevent pulmonary affections. For 
earache, a melted drop of Ozojell will produce prompt alleviation. Place a little 
bit of Ozojell on top of each nasal cavity and stop all catarrhal affections."
On June 15, 1931, 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.
ABTHtrE M. HYDE, Secretary of Agriculture.  fe