18470. Misbranding of FX.    U.  S. v.  Ten  16-Ounce  Bottles,  et al.,  of FX.
Default decree of condemnation, forfeiture, and destruction.     (F.
& D. No. 26050.    I. S. No. 14630.    S. No. 4374.)
Examination of a drug product, known as PX, having shown that the carton 
and bottle labels and the accompanying circular bore statements represent- 
ing that the article possessed curative and therapeutic properties which it did
not possess, the Secretary of Agriculture reported to the United States at- 
torney for the Northern District of Illinois the shipment herein described, 
involving a quantity of the product located at Chicago, Ill.
On March 20, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of ten 16-ounce bottles, thirty-four 8-ounce bottles, and seventy 
3-ounce bottles of PX at Chicago, Ill., alleging that the article had been 
shipped by PX Products (Inc.), from Detroit, Michv January 14, 1931, and 
had been transported from the State of Michigan into the State of Illinois, 
and charging 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 sodium chloride, aluminum chloride, zinc sulphate, and 
water. Bacteriological examination showed that the product was not 
germicidal.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding the curative or therapeutic effects of the said 
article, were false and fraudulent in that the said statements were applied to 
the article knowingly and in reckless and wanton disregard of their truth or 
falsity so as to represent falsely and fraudulently that the article contained in- 
gredients or medicinal agents or combinations effective as a remedy for the 
diseases, ailments, and afflictions mentioned upon the carton, label, and cir- 
cular:   (Carton)  "Healing Agent    *     *     *     infections    *     *      *   Sores
* * * Eczema, Pimples, certain other Skin Affections; " (bottle) " Leucor- 
rhea * * * Skin Affections-Eczema, Pimples, Rashes: * * * For 
Boils   *    *    *   Pus-Exuding   Sores   (Infections);"   (circular)    "Leucorrhea
* * * Healing * * * Pimples-Acne-Boils * * * Eczema * * * 
Infections-When sores gather and exude pus, infection is present. * * * 
Bathe with two tablespoonsful of PX in one glassful of warm water. This 
prevents infection, soothes, heals. * * * for safety from infection, bathe 
with full strength PX, and allow it to dry. * * * Heal abrasions and 
sores and keep the scalp in a healthy condition * * * for protection and 
healing    of    Mouth-Throat-Nose    affections.    *    *   *   Leucorrhea     (whites)
* * * Tissue Stimulator * * * Dandruff * * * Eczema * * * 
All Infections."
On May 29, 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.
AETHUB M. HYDE, Secretary of Agriculture.