3468.?Misbranding of Moreau's wine of anise.   U. S. v. 5 Packages of So-Called Moreau's
Wine of Anise.   Decree of condemnation.   Product released on bond.   (F. & D. No.
5630.   I. S. No. 725-h.   S. No. E-9.)
On March 16, 1914, the United States attorney for the District of Massachusetts,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of?
the United States for said district a libel for the seizure and condemnation of 5 pack??
ages of Moreau's wine of anise remaining unsold in the original unbroken packages?
at Boston, Mass., alleging that the product had been shipped and transported from the?
State of New Hampshire into the State of Massachusetts, and charging misbranding?
in violation of the Food and Drugs Act. The product was labeled in part: "Moreau's?
Wine of Anise Children's Soothing Wine Each ounce containing one third grain?
acetate morphine, 8 p. c. alcohol. No. 31969 guaranteed by La Fabrique Vin d'anis?
Moreau, under the Food and Drugs Act, June 30, 1906. This mild, sweet medicated?
wine is an excellent remedy for Colic, Diarrhoea, Dysentery, Indigestion, Sour?
Stomach, Vomiting, Cold, Cough, Painful Dentition, Irritable, Fretful and Sleepless?
children.   To very weak children mix the medicine with a little milk or water."
Misbranding of the product was alleged in the libel for the reason that said drug and?
the packages and labels thereof contained and bore a statement, design, and device?
regarding the curative and therapeutic effect of said drug and the ingredients and?
substances contained therein which was false and fr?ndulent?thatistosay, that said?
drug was a mild, sweet medicated wine and an excellent remedy for children in cases?
of diarrhoea, dysentery, indigestion, vomiting; that said drug was excellent for the?
use of children in cases of diarrhoea; all of which would lead the purchaser to believe?
that said drug was a remedy for said ailments, whereas, in truth and in fact, said drug?
was not a remedy for said ailments. Misbranding was alleged for the further reason?
that said drug and the packages and labels thereof contained and bore a statement,?
design, and device regarding said drug and the ingredients and substances contained?
therein which was false and misleading; that is to say, the following words which?
appeared thereon: "Moreau's Wine of Anise being compounded with a pure, mild?
wine, is preferable to any soothing remedy compounded with syrup," because by?
reason thereof the purchaser would be led to believe that said drug was a wine, whereas,?
in truth and in fact, said drug was not a wine.
On May 27, 1914, Louis J. Cote, claimant, Berlin, N. H., having filed his claim for?
the product and having filed satisfactory bond in conformity with section 10 of the?
act, judgment of condemnation was entered, and it was ordered by the court that?
the product should be delivered to said claimant upon payment of the costs of the?
proceedings.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September ?8, 1914-