27747. Misbranding of Heinrich's Pain-A-Way, Heinrich's Rheumatism Remedy,
Heinrich's  Medicated Ointment,  and  Heinrich's  San-I-Cide.    IT.   S.  v. 
Heinrieh Chemical Co.    Plea of nolo contendere.    Fine, $30.     (F. & D.
No. 38597.    Sample Nos. 63164-B, 63169-B, 63170-B, 63171-B.)
These products were misbranded because of false and fraudulent representa- 
tions in the labeling regarding their curative and therapeutic effects. The oint- 
ment was misbranded further because of false and misleading representations 
regarding its alleged antiseptic properties; and the San-I-Cide because of false 
and misleading representations regarding its curative and therapeutic effects 
and the quantity of alcohol that it contained.
On September 28, 1937, the United States attorney for the District of Minne- 
sota, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Heinrich Chemical Co., a corporation, Minneap- 
olis, Minn., alleging shipment by said company in violation of the Food and 
Drugs Act as amended, on or about April 15, 1936, from the State of Minnesota 
into the State of Wisconsin of quantities of the above-named drug products, 
which were misbranded. The articles were labeled in part: "Heinrich's Pain-a- 
Way" [or "Heinrich's Rheumatism Remedy" or "Heinrich's Medicated Ointment 
* * * Antiseptic"] * * * Heinrich Chemical Company * * * Minne- 
apolis"; "Heinrich's San-I-Cide Not Over 12% * * * The Heinrich Com- 
pany.    *    *    *    Minneapolis."
Analyses showed that the Pain-a-way was a light yellow-brown liquid with a 
strong mustard-oil odor, and consisted chiefly of water, alcohol, mustard oil, 
and oil of cinnamon; that the rheumatism remedy consisted essentially of a 
hydroalcoholic solution of sodium salicylate, sugar, and a small amount of 
plant extractives; that the ointment was a white ointment containing camphor, 
oil of eucalyptus, and a very small amount of zinc oxide; and that the Sanat- 
ive was a red hydroalcoholic solution consisting essentially of zinc chloride, 
menthol, aromatics, and traces of formaldehyde.
The articles were alleged to be misbranded in that certain statements, de- 
signs, and devices regarding their therapeutic and curative effects, appearing 
in the labeling, falsely and fraudulently represented that the Pain-A-Way was 
effective as a treatment, remedy, and cure for pain in cramps, colic, ordinary 
diarrhoea and dysentery, rheumatic pains, swellings, and aching joints; that 
the rheumatism remedy was effective as a remedy for rheumatism and to 
eliminate rhettmatic pains; and effective to increase the infection-combatting 
cells in the blood and to increase the bodily secretions, thus helping to eliminate 
rheumatic poisons; that the ointment was effective as a healing and penetra- 
tive treatment for all injuries and affections of the skin; and that the 
San-I-Cide was effective as a treatment, remedy, and cure for bleeding gums, 
sore throat, tonsillitis, canker, sore mouth, cuts, and wounds; and effective 
for its healing properties. The ointment was alleged to be misbranded further 
in that the statement "Antiseptic," borne on the jar label, was false and mis- 
leading since it represented that the article was an antiseptic, whereas it was 
not an antiseptic.
The San-I-Cide was alleged to be misbranded further in that the statements, 
"An Active Antiseptic * * * combined with * * * other well known 
antiseptics," and "Not over 12% alcohol," borne on the label, were false and 
misleading since they represented that the article was an active antiseptic 
combined with other well-known antiseptics, and that it contained approxi- 
mately 12 percent of alcohol; whereas it was not an active antiseptic, was not 
combined with other well-known antiseptics, and did not contain approximately 
12 percent of alcohol, but did contain not over 2.6 percent of alcohol by volume. 
The San-I-Cide was alleged to be misbranded further in that it contained 
alcohol and the label on the bottle failed to bear a statement of the quantity or 
proportion of alcohol contained in the article.
On September 28, 1937, a plea of nolo contendere was entered on behalf of 
the defendant and the court imposed a fine of $30.
M. L. WILSON, Acting Secretary of Agriculture.