F. & D. No. 738.
I. S. No. 21001-a.	
Issued October 26,1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 610, FOOD AND DRUGS ACT.
MISBRANDING OF A DRUG PRODUCT?"DR. WINCHELL'S TEETHING
SYRUP."
On or about January 8, 1909, the Emmert Proprietary Company,?
a corporation, Chicago, 111., shipped from the State of Illinois to the?
State of Michigan 144 bottles of a drug product, each of which bottles?
was labeled: "Dr. Winchell's teething syrup, for stomach and bowel?
troubles during teething; diarrhoea, dysentery, colic, summer com??
plaint, sore mouth and ordinary ailments of children. Emmert Pro??
prietary Company, Chicago, 111., Guaranteed under the Food and?
Drugs Act of June 30, 1906. Serial No. 576." Samples of this ship??
ment were procured and analyzed by the Bureau of Chemistry,?
United States Department of Agriculture, and as it appeared from?
the findings of the analyst and report thereon that the product was?
misbranded within the meaning of the Food and Drugs Act of June?
30, 1906, the Secretary of Agriculture afforded said Emmert Pro??
prietary Company and the party from whom the samples were pro??
cured opportunities for hearings. As it appeared after hearings held?
that the said shipment was made in violation of the act, the Secretary?
of Agriculture reported the facts to the Attorney-General, with a?
statement of the evidence upon which to base a prosecution.
In due course a criminal information was filed in the District Court?
of the United States for the Northern District of Illinois against the?
said Emmert Proprietary Company, charging the above shipment,?
and alleging that the product so shipped was misbranded, in that a?
circular wrapped around and accompanying each of said bottles con??
tained, among others, statements as follows: "The best medicine for?
the diseases incident to infancy that has ever been given to the?
world"; "Will positively cure every case if given in time"; "Quiets?
and soothes all pain"; "Cures diarrhoea, and dysentery in the worst?
forms"; "Is a certain preventive of diphtheria"; "Cures * * *?
diphtheria"; which said statements were then and there false and?
misleading, because the drug product aforesaid was not the best?
medicine for the diseases incident to infancy; it would not cure every?
case if given in time; it would not quiet and soothe all pain; it would
61425??No. 610?10
not cure diarrhoea and dysentery in the worst forms; it was not a?
certain preventive of diphtheria, and it would not cure diphtheria.
On January 14, 1910, the defendant entered a plea of not guilty to?
the above information, and on March 29, 1910, withdrew said plea?
and substituted therefor a plea of guilty, whereupon the court im??
posed a fine of $25 and costs.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
W. M. HATS,
Acting Secretary of Agriculture.?
WASHINGTON, D. C, September 26, 1910.
610