26795. Misbranding of Holford's  Famous Inhaler.     U.  S. v. William J.  Fink.
Plea of nolo contendere.    Fine, $100.     (F. & D. no. 37975.    Sample no. 
52220-B.)
The label of this product and an accompanying circular bore and contained 
false and fraudulent representations regarding its curative and therapeutic 
effects.
On September 22, 1936, 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 William J. Fink, Minneapolis, Minn., charging 
shipment by him in violation of the Food and Drugs Act as amended, on or 
about February 2, 1936, from the State of Minnesota into the State of Pennsyl- 
vania, of a quantity of Holford's Famous Inhaler that was misbranded.
Analysis of a sample of the article showed that it consisted chiefly of volatile 
oil of mustard and plant material including lavender flowers and mustard 
seed.
The article was alleged to be misbranded in that statements regarding its 
curative and therapeutic effects, borne on the bottle labels and contained in 
a circular enclosed in the package, falsely and fraudulently represented that 
it would be effective as a relief for distresses caused by catarrh, headaches, 
asthma, hay fever, and sinus, and effective to "promote comfort for" irritated 
membranes of the head, hay fever, asthma, catarrh, headaches, and sinus, 
running nose, stuffed up nasal passages, headaches caused by eyestrain, 
nervousness, stomach trouble, or any similar cause, severe headaches caused 
by inhaling the vapors of gases, cold in lungs, sore throat, constant coughing, 
fainting spells, sluggishness^ tonsillitis, toothaches, neuralgia, and cold sores; 
effective to clear the head of all obstructions; and effective to bring relief 
from "distress of troubles which affect the head or throat."
On October 21, 1936, the defendant entered a plea of nolo contendere and 
the court imposed a fine of $100. '
W. R. GREGG, Acting Secretary of Agriculture.