§ 467. Skin Food. A product labeled "Epp-O-Tone, a skin food for beautifying the complexion," is misbranded if it consists essentially of magnesium, sulphate, commonly known as Epsom salts, colored with a pink dye, and which is not a skin food in any sense or beneficial to the skin. A substance was labeled as follows: "SARTOIN (Trademark) SKIN FOOD Prepared only by GLOBE PHARMACEUTICAL CO. Dayton, Ohio, U. S. A. FORMULA. 2 oz. Rose Water 4 oz. Sartoin 1 oz. Cologne Spirits PROPERTIES.-Produces a soft, velvety tint on the roughest of skins and is remarkably effective in the treatment of pimples, blackheads, rash, blemishes and sunburn and chapped skin. Also highly beneficial for men's toilet after shaving; relieves all soreness and smarting. SEE CIRCULAR INSIDE." The circular to which attention is drawn stated the directions for using and recited the virtues of the preparation in part as follows: "Is probably the most effective remedy known to science for sunburn, rashes, and all skin blemishes, as well as creating the normal growth of 1 N. J. 433. all parts not fully developed or shrunken. It is absolutely harmless to the most delicate skin, and if persistently used will benefit the worst complexion." On analysis it was found that it consisted essentially of commercial magnesium sulphate (Epsom salts) colored with pink eye. The statement that this "skin food" would produce a "soft, velvety tint on the roughest of skins," and was "remarkably effective in the treatment of pimples, blackheads, rash, blemishes and sunburn, and chapped skin" were false and deceptive, because there is no such thing as "skin food" separate and apart from a food that nourishes all parts of the body. Epsom salts is simply a purgative; and when applied externally, as directed by the circular accompanying the bottle, could have no beneficial effect whatever. The whole product was confiscated. In the case of Madam Yale's productions, they were confiscated." § 467a. Sodic Alumnic Sulphate. A product was labeled "Sodic Alumnic Sulphate.' It contained 60 milligrams of metallic arsenic per kilo. It was adjudged to be misbranded.1 § 468. Soemnoform. A product was labeled as follows: "Soemnoform. This mixture contains chloride of ethyl 60 percent, choloride of methyl 35 percent, bromide of ethyl 5 percent. Guaranteed under the Food and Drugs Act of June 30, 1906. Serial No. 5700. . . "The composition did not contain "bromide of ethyl 5 percent," nor, in fact, any bromide of ethyl, whereby its professed strength fell below the professed standard of quality under which it was sold. It was held that there was a violation of the statute.1 2 N. J. 16. See Peroxide of Cream. N. J. 840. 3 N. J. 82. None of these decisions can stand under a decision of the Supreme Court rendered since they were made. See § 406. 1 N. J. 1000. § 469. Soothing Syrup. 66 To say of a child's soothing syrup that it contains no morphine" than a certain amount when it does; and that it contains 4 percent of alcohol in each ounce, when it contains less, is to mislabel it. So if it contains alcohol, and no mention is made of the fact, it is misbranded.2 § 470. Sporty Days Invigorator. A substance was labeled "Sporty Days Invigorator," but nothing upon the label showed that it contained alcohol, which it did. It was held that it was mislabeled.1 § 471. Sulphur Liquid-Germicide. A liquid was labeled as follows: "Hancock's Liquid Sulphur, Hancock Liquid Sulphur Company, Baltimore, Md." On the label of the carton containing the preparation there was printed among other things: NATURE'S GREATEST GERMICIDE. Permanently cures the most stubborn cases of Blood and Skin Disorder. An absolute disinfectant. Purifies the Blood by absorption, and removes all unhealthy secretions from the body. Renders the skin soft and white. Quickly relieves the irritation caused by semi-poisonous insects. A PERFECT SULPHUR SPRING IN THE RETIREMENT OF YOUR HOME. The great cure for Eczema, Acne, Itch, Herpes, Ringworm, Pimples, Prickly Heat, Diphtheria, Catarrh, Canker, Sore Mouth and Throat, Granulated Eyelids, Ulcerated Conditions, Cuts, Burns and Scalds. All diseases of the Scalp." One of the samples was subjected to analysis in the Bureau of Chemistry of the Department of Agriculture and the result obtained showed that it consisted of an aqueous solution of commercial calcium sulphide. 1 N. J. 401; N. J. 777. 2 N. J. 832. 1 N. J. 426. The statements appearing on the label of the product, representing that it was a preparation containing some unknown peculiar liquid sulphur; was "Nature's Greatest Germicide;" "A Perfect Sulphur Spring in the Retirement of Your Home;" "The Great Cure for Diphtheria etc., were false, misleading, and deceptive in the following particulars: The product was not a natural germicide because it was an artificial product, and furthermore could not even be classed among the "Greatest Germicides.' It was not an "Absolute Disinfectant." It was not a "Perfect Sulphur Spring in the Retirement of Your Home," and it was not "The Great Cure for Diphtheria This was held to be a violation of the statute.1 § 472. Teething Syrup. A liquid was labeled as follows: "Dr. Fahrney's Teething Syrup. Each ounce contains alcohol nine percent, morphine one and seven-tenths gr., chloroform two and three-tenths M. Drs. D. Fahrney and Son, Hagerstown, Md. Teething Syrup was originated and is made only by us. It contains seven articles besides those given below, and is the best remedy for teething, cholera infantum, indigestion, irregular bowels, sleeplessness, diarrhea, dysentery, etc. Guaranteed under Food and Drugs Act, June 30, 1906, Serial No. 971." The following statements appeared in the label on the carton containing the bottle: "A sure remedy for all ailments incident to babes from one day old to two or three years. Especially such troubles as wind colic, griping in bowels, diarrhea, difficult teething, disordered stomach, nervous peevishness, restlessness, lack of sleep, and general liver and kidney troubles, and if used in time will prevent cholera infantum. Contains nothing injurious to the youngest babe, and if given in proper doses will always relieve. "Mothers need not fear giving this medicine to the youngest babe, as no bad results come from the continued use of it. Many children have taken two or three dozen bottles and today are hale and hearty." The liquid contained alcohol 8.84 percent by volume, chloroform 0.408 minim per fluid ounce, morphine 0.126 grain 1 N. J. 29. This decision can not stand under the recent decision of the Supreme Court. See § 406. per fluid ounce. These facts showed that the statements: "Is the best remedy for teething," "A sure remedy for all ailments incident to babes from one day old to two or three years," "Contains nothing injurious to the youngest babe," and "No bad results from the continued use of it," were false, deceptive and misleading, as it was not the best remedy for teething, was not a sure remedy for all ailments incident to babies, contained injurious ingredients, viz., alcohol, chloroform, and morphine, and because bad results do follow from the continued use of it. It was held to violate the statute.1 A product had on its label the statement that it "aids digestion, heals eruptions and sores, will stop and prevent the tendency to colic," and that "Teethina has saved the lives of thousands of children in the Doctor's [Moffett's] native State where physicians prescribe it and all mothers give it," and that "Teethina's speedy removal of sores and eruptions upon the skin have been remarkable." The label further represented that there is "nothing like it to remove and prevent the accumulation of worms in children;" that it is "an effectual remedy for cholera infantum, diarrhea, cholera morbus, colic, thrush, hives, eruptions and sores on the skin;" and that it "strengthens the child and makes teething easy." An analysis showed it to be a powder consisting essentially of opium, calomel, calcium carbonate and powdered cinnamon. It was charged that there was a misbranding regarding the ingredients and substances therein which statements were false and misleading and calculated to deceive the purchaser by reason of the facts that the product did not possess power to aid digestion, nor sufficient medicinal value to heal eruptions and sores; nor the power to prevent the tendency to colic; nor could it speedily remove sores and eruptions upon the skin; nor was the statement that the product had saved the lives of thousands of children true; nor was the article an efficient remedy to re 1 N. J. 144; N. J. 610. So far as these decisions are based upon the false representations concern ing the curative properties of the drugs they can not stand. See § 406. |