3007. Misbranding of Patrick's Lung Remedy.   U. S. v. Lewis Patrick.   Plea of
not guilty. Tride to the jury. Verdict of guilty. Defendant sen-
tenced to serve 8 months in Federal institution. (F. D. C. No. 25589.
Sample No. 14124-K.)
INFORMATION FILED: February 23, 1949, Southern District of West Virginia,
against Lewis Patrick, residing at Stone, Ky., and doing business at William-
son, W. Va.
?See also No. 3004.
into the State of Indiana.
PBODTJCT : Analysis showed that the product was a viscous, aqueous liquid with
an aromatic odor and sweet taste, and that it contained chiefly sugar, with a
small amount of plant extractives, including a trace of unidentified alkaloids.
LABEL, IN PART : "The Patrick's Lung Remedy Herb Compound * * * Con-
tains : Yellow Dock, Bur Dock, Wild Cherry, Sarsaparilla, Hoarhound, Ele-
campane, Golden Seal, Syrup."
NATURE OF CHARGE: Misbranding, Section 502 (a), the name "Patrick's Lung
Remedy" and the statement "For Treatment of Weak Lung Condition," borne
on the label of the article, wtere false and misleading. The name and statement
represented and suggested that the article would be efficacious in the cure, miti-
gation, and treatment of lung ailments, and in the treatment of a weak lung
condition, whereas the article would not be efficacious for such purposes.
Further misbranding, Section 502 (a), certain statements in accompanying
circulars entitled "Attention! Patrick's Lung Remedy" and in an undated letter
beginning with the words "Dear Friend: Your order has been mailed this
date" were false and misleading. The statements represented and suggested
that the article would be efficacious in the cure, mitigation, and treatment of
tuberculosis, whereas the article would not be efficacious for such purposes.
DISPOSITION : A plea of not guilty having been entered, the case came on for
trial before the court and jury, and at its conclusion the jury returned a
verdict of guilty. On December 16, 1949, the court sentenced the defendant to
serve 8 months in the Federal institution at Mill Point, W. Va.