460. Adulteration and misbranding: of Hart's Compound Asthma Medicine.    U. S.
v. 48 2-Ounce, 24 4-Ounce, and 24 6-Ounce Packages of Hart's Compound
Asthma   Medicine.     Default   decree   of   condemnation   and   destruction.
(F. D. C. No. 4377.    Sample No. 55437-E.)
On April 28, 1941, the United States attorney for the Western District of
"Washington filed a libel against the above-named product at Seattle, Wash.,
alleging that it had been shipped by McKesson & Bobbins from Portland, Oreg.,
on or about February 26, 1941; and charging that it was adulterated and
misbranded.
Analysis of a sample of the article showed that it consisted essentially of
potassium iodide, glycerin, water, and flavoring materials, including cardamom
and cinnamon.
The article was alleged to be adulterated in that it consisted in part of a
filthy substance, namely, mold.
It was alleged to be misbranded: (1) In that the labeling failed to bear such
adequate warnings against use in those pathological conditions or by children
where its use might be dangerous to health, or against unsafe dosage or methods
or duration of administration or application, in such manner and form as are
necessary for the protection of users. (2) In that representations in the label-
ing that it would be efficacious in the treatment of asthma, including the relief
of paroxysms or spasmodic attacks, bronchial trouble including bronchitis atid
bronchial colds, and hay fever, and that it would preserve health, were false
and misleading since it would not be efficacious for such purposes.
On June 30, 1941, no claimant having 'appeared, judgment of condemnation
was entered and the product was ordered destroyed.
DRUGS SEIZED BECAUSE OF FAILURE TO COMPLY WITH OFFICIAL OR
OWN STANDARDS OR BECAUSE OF SUBSTITUTION2