3986. Misbranding of "Rogers' Consumptive Cure and Cough Lozenges" and "Rogers'?
Inhalant." U. S. v. The M. J. Rogers Medical Co., a corporation. Plea of nolo con??
tendere.   Fine, S15.   (F. & D. No. 6143.   I. S. Nos. 1409-e, 8082-e.)
On March 12, 1915, the United States attorney for the District of Maine, acting upon?
a report by the Secretary of Agriculture, filed in the District Court of the United?
States for said district an information against the M. J. Rogers Medical Co., a corpo??
ration, Lewiston, Me., alleging shipment by said company, in violation of the Food?
and Drugs Act, as amended, on or about March 12, 1913, from the State of Maine into?
the State of Massachusetts, of quantities of "Rogers' Consumptive Cure and Cough?
Lozenges," and "Rogers' Inhalant," which were misbranded.
The consumptive cure and cough lozenges were labeled: (On wrapper) "Rogers'?
Consumptive Cure and Cough Lozenges. Are good for Lung' Troubles of all kinds,?
euch as Irritation, Congestion, and Bleeding of the Lungs, Bronchitis, Asthma, Irri??
tation of the Throat, Hoarseness, and Pressure of Breath. For Coughs, new and of?
long standing, they are unsurpassed. For Whooping Cough they are a ready relief.?
Public Speakers and Singers will find these very beneficial to take before speaking?
or singing. Price 25 cents. (Trade Mark?portrait of a man)." (On sides) "Direc??
tions: Dissolve slowly in the mouth with the lips closed, one lozenge after each meal,?
and one on retiring; but in acute and extreme cases, use one every hour, but not?
enough to nauseate. For Children, one-half a lozenge as above. M. J. Rogers Medical?
Co., Lewiston, Maine. Box 1142. New size and style of box, adopted October 2,?
1893. No. 7609 Guaranteed under the Food and Drugs Act, June 30, 1906. Rogers'?
Inhalant Is the Greatest Discovery of Modern Medical Science, for the positive cure?
of Catarrh, Asthma, Hay Fever, Rose Cold, Cold in the Head, Influenza, Headache,?
Pneumonia, Bronchitis, Diphtheria, Hoarseness, Loss of Voice, Bleeding of the?
Lungs, Pleurisy, and all diseases leading to Consumption. Price of Inhalant, with?
Inhaler $1.00. Sold by all Druggists, or will be sent to any address, express paid,?
on receipt of price.    M. J. Rogers Medical Co., Lewiston, Me."
The circular or pamphlet accompanying this product contained, among other?
things, the following: "Rogers' Consumptive Cure and Cough Lozenges. A Specific?
Remedy for Colds, Coughs, Congestion, Catarrh, Asthma, Influenza, Pneumonia,?
Hoarseness, Croup, Whooping Cough, Loss of Voice, Pressure of Breath, Bronchitis,?
Bleeding of the Lungs, and all Pulmonary and Bronchial Complaints Leading to?
Consumption. * * * They can be confidently relied upon as an infallible cure?
for all pulmonary troubles of every description. They have never been known to?
fail in any case of cough of however long standing. For hemorrhage of the lungs, so?
often pronounced incurable by eminent physicians, they have never been unsuc??
cessful, and they are warranted to effect entire and permanent cures in every case?
curable at all?where they may be tried."
Analysis of a sample of this product by the Bureau of Chemistry of this department?
showed the following results:
Average weight of 1 lozenge (grams)?
    1. 40
Ash (per cent)?
    0. 06
Sucrose (per cent)?
 95. 6
Gum tragacanth (approximately) (per cent)?
    2. 8
Volatile oil (probably rosemary): Trace.
Total volatile matter at 100? C. (per cent)?
    0. 4
Alkaloids: Absent.?
Ammonium chlorid: Absent.?
Tartar emetic: Absent.
Sample consists of sugar lozenges containing a small amount of gum?
and a trace of oil of rosemary.
626	
BUREAU  OF   CHEMISTRY.	
[Supplement 10.
Misbranding of the product was alleged in the information for the reason that the?
following statements regarding the therapeutic or curative effects thereof, appearing?
on the label aforesaid, to wit, "Rogers' Consumptive Cure and Cough Lozenges.?
Are good for Lung Troubles of all kinds, such as * * * Congestion and Bleeding?
of the Lungs, Bronchitis, Asthma, * * * For Whooping Cough they are a ready?
relief. * * * ", were false and fraudulent in that the same were applied to said?
article knowingly and in reckless and wanton disregard of their truth or falsity, so as?
to represent falsely and fraudulently to the purchasers thereof and create in the?
minds of purchasers thereof the impression and belief that it was, in whole or in part,?
composed of, or contained, ingredients or medicinal agents effective, among other?
things, as a cure for consumption and effective as a remedy for lung troubles of all?
kinds, such as congestion and bleeding of the lungs, bronchitis, and asthma, and?
effective for the ready relief of whooping cough, when, in truth and in fact, said?
article was not, in whole or in part, composed of and did not contain ingredients or?
medicinal agents effective, among other things, as a cure for consumption or effective?
as a remedy for lung troubles of all kinds, such as congestion, bleeding of the lungs,?
bronchitis and asthma or effective for the relief of whooping cough.
Misbranding was alleged for the further reason that the following statements regard??
ing the therapeutic or curative effects thereof included in the circular or pamphlet?
aforesaid, to wit, "Rogers' Consumptive Cure and Cough Lozenges. A Specific?
Remedy for * * * Catarrh * * * Influenza, Pneumonia * * * Croup,?
Whooping Cough * * * and all Pulmonary and Bronchial Complaints Leading?
to Consumption." "They can be confidently relied upon as an infallible cure for all?
pulmonary troubles of every description. * * * For hemorrhage of the lungs,?
so often pronounced incurable by eminent physicians, they have never been un??
successful, and they are warranted to effect entire and permanent cures in every?
case curable at all * * * ", were false and fraudulent in that by means of the?
said circular or pamphlet they were applied to said article knowingly and in reckless?
and wanton disregard of their truth or falsity, so as to represent falsely and fraudu??
lently to the purchaser thereof and create in the minds of purchaser thereof the?
impression and belief that it was, in whole or in part, composed of, or contained,?
ingredients or medicinal agents effective, among other things, as a specific remedy?
for catarrh, influenza, pneumonia, croup, whooping cough and all pulmonary and?
bronchial complaints leading to consumption, and effective as an infallible cure for?
all pulmonary troubles of every description, and effective for the entire and perma??
nent cure in every case of hemorrhage of the lungs capable of being cured, when, in?
truth and in fact, said article was not, in whole or in part, composed of, and did not?
contain ingredients or medicinal agents effective, among other things, as a specific?
remedy for catarrh, influenza, pneumonia, croup, whooping cough or all pulmonary?
and bronchial complaints leading to consumption, or effective as a cure for all pul??
monary troubles of every description or effective for the cure in any case of hemor??
rhage of the lungs.
The inhalent was labeled: (On carton) "Rogers' Inhalent An Inhaling Preparation?
(Trade Mark) Which is a Specific Remedy in all cases of Catarrh, Asthma, Hay Fever,?
Rose Cold, Cold in the Head, Pneumonia, Bronchitis, Diphtheria, Hoarseness, Loss?
of Voice, Bleeding of the Lungs, and all Pulmonary Throat and Bronchial Complaints?
leading to Consumption. In all cases the use of Rogers' Consumption Cure and Cough?
Lozenges in connection with the inhalant is advisable. Price of Inhalant with Inhaler?
$1. Price of Lozenges, 25c per Box. The Original manufactured only by the Pro??
prietors, M. J. Rogers Med. Co. Lewiston, Me. Registered July 24th, 1888." (On?
back of carton) "Rogers' Inhalant is the most effective remedy known for all diseases?
of the Throat, Chest, Lungs and Nasal Organs." (On sides of carton) "Cures Catarrh,?
Hay Fever.    Cures Pneumonia, Asthma."    (On top flap) "No. 7609 Guaranteed under
N. J. 3951-4000.]     SEEVICE AND REGULATORY ANNOUNCEMENTS.	627
the Food and Drugs Act, June 30, 1906. Contains 65? Alcohol, that quantity being?
necessary to dissolve the Oils and Balsams for Inhalation.'' (On bottle front) "Rogers'?
Inhalant an Inhaling Preparation Which is a specific Remedy in all cases of Catarrh,?
Asthma
 Hay Fever, Rose Cold, Cold in the Head, Pneumonia, Bronchitis, Diph??
theria
, Hoarseness, Loss of Voice, Bleeding of the Lungs, and all Pulmonary, Throat?
and Bronchial Complaints leading to Consumption. In all cases the use of Rogers'?
Consumptive Cure and Cough Lozenges in connection with the Inhalant is advisable.?
Directions for using Inhaler?see label on the other side. The original manufactured?
only by the proprietors, M. J. Rogers & Co., Lewiston, Me. Registered July 24,?
1888." (On back) "Directions for Using Inhaler Charge it with a few drops from the?
Preparation Bottle, and it is ready for use. Remove both corks from the inhaler,?
and place the larger orifice to the mouth, inhaling deep inspirations of the vapor to?
carry it to the lungs. For Catarrh and diseases of the Nasal Passages, use the smaller?
orifice, drawing the vapor up to the nostrils. Replace the corks when not in use.?
Carry in the pocket and use freely four or five times a day? Keep sponge well moist??
ened. Keep Inhalant in a cool place. If the inhaler gets lost or broken, or an extra?
one is wanted, send ten cents, and we will send duplicate." (On sides) "As a Gargle?
for sore throat, diphtheria, inflamed or enlarged tonsils, and all disorders of the throat?
it is a specific remedy. Directions: Add one teaspoonful to a half glass of water, use?
small quantity every half hour until relieved. It has Accidentally been discovered?
that Rogers' Inhaling Preparation is a Marvelous Remedy for Rheumatism and?
Neuralgia, when used as an outward application. Bathe freely and rub briskly 3 to 5?
minutes."
Analysis of a sample of this product by said Bureau of Chemistry showed the fol??
lowing results:
Alcohol (per cent by volume)?
  68. 4
Total oils (cc per 100 cc)?
 30. 0
Phenol-free oils (cc per 100 cc)?
 21. 9
Methyl alcohol: Absent.
Ash: None.
Alkaloids: Absent.
Chloroform: Absent.
Methyl salicylate: Absent.
Oil of rosemary and possibly thyme: Present.
Sample is an alcoholic solution of volatile oil, chiefly rosemary.
Misbranding of the article was alleged in the information for the reason that the?
following statements regarding the therapeutic or curative effects thereof, appearing?
on the label aforesaid, to wit, (On carton) "Rogers'Inhalant * * * Which is a?
Specific Remedy in all cases of Catarrh, Asthma, Hay Fever * * * Pneumonia,?
Bronchitis, Diphtheria * * * Bleeding of the Lungs, and all Pulmonary Throat?
and Bronchial Complaints leading to Consumption * * * Rogers' Inhalant is?
the most effective remedy known for all diseases of the Throat, Chest, Lungs and Nasal?
Organs * * * Cures Catarrh, Hay Fever. Cures Pneumonia, Asthma." (On?
bottle) "Rogers'Inhalant * * * Which is a Specific Remedy in all cases of Catarrh,?
Asthma
 Hay Fever * * * Pneumonia, Bronchitis, Diphtheria * * * Bleed??
ing of the Lungs and all Pulmonary, Throat and Bronchial Complaints leading to con??
sumption * * * As a Gargle for * * * Diphtheria * * * and all dis??
orders of the throat it is a specific remedy * * * It has Accidentally been dis??
covered that Rogers' Inhaling Preparation is a Marvelous Remedy for Rheumatism,"?
were false and fraudulent in that the same were applied to said article knowingly and?
in reckless and wanton disregard of their truth or falsity, so as to represent falsely and?
fraudulently to the purchasers thereof, and create in the minds of purchasers thereof,
628	
BTJKEATT  OF  CHEMISTRY.	
[Supplement 10.
the impression and belief that it was, in whole or in part, composed of, or contained/?
ingredients or medicinal agents effective, among other things, as a specific remedy?
in all cases of catarrh, asthma, hay fever, pneumonia, bronchitis, diphtheria, bleed??
ing of the lungs, and all pulmonary throat and bronchial complaints leading to con??
sumption, and effective as a remedy for all diseases of the throat, chest, lungs, and nasal?
organs, and effective as a cure for catarrh, hay fever, pneumonia, and asthma, and?
effective as a marvelous remedy for rheumatism, when, in truth and in fact, said?
article was not, in whole or in part, composed of, and did not contain, ingredients?
or medicinal agents effective, among other things, as a specific remedy for catarrh,?
asthma, hay fever, pneumonia, bronchitis, diphtheria, bleeding of the lungs, or all?
pulmonary, throat, and bronchial complaints which lead to consumption, or effective?
as a remedy for all diseses of the throat, chest, lungs, and nasal organs, or effective for?
the cure of catarrh, hay fever, pneumonia, asthma, or effective as a remedy for?
rheumatism.
On March 27, 1915, the defendant company entered a plea of nolo contendere to?
the information, and the court imposed a fine of $15.
C. F. MARVIN, Acting Secretary of Agriculture.
WASHINGTON, D. C, July 19, 1915.
N. J. 3951-4000.]      SEEVICE  AND  REGULATORY  ANNOUNCEMENTS.	629