4SGS. Misbranding- of "Prof. Hoff's Prescription." U. S. * * * V. 35?
Packages of "Prof. Hofl's Prescription" * * *. Defanlt decree?
of condemnation, forfeiture, and destruction. (F. & D. No. 6665.?
I.   S. No. 3071-k.    S.  No. E-332.)
On June 29, 1915, the United States attorney for the District of Maryland,?
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 35 packages of " Prof. Hoff's Prescription," remaining unsold in the original?
unbroken packages at Baltimore, Md., alleging that the product Imd been?
shipped and transported from the State of New York into the State of Mary??
land, and charging misbranding in violation of the Food and Drugs. Act as?
amended.?
: The packages, labels, circulars, and wrappers were labeled in part as fol??
lows: "Prof. Hoff's Prescription, Bendiner and Schlesinger,; Chemists, ;N.. Y.,?
Prof. Hoff's, Prof. Hoff's Prescription, After the recipe of the /author, indicated?
in the treatment of asthma, catarrh, bronchitis, hay.fever, ?pulmonary'-tubercu??
losis and chronic coughs, guaranteed by Bendiner and Schlesinger under, the?
Food and Drugs Act, June 30, 1906, Guaranteed No. 5023, Bendiner and Schles??
inger Chemists, third Avenue and 10th Street, New York, established 1843.?
Dose six drops in a little water twice a day after breakfast and after supper,?
increase two drops each week until the maximum dose of twenty-two drops has?
been reached, then decrease by two drops each week;" and on each of said?
circulars the following: " * * * Remedy * * * its efficacy . * * * The?
remedy    *    *    *    for pulmonary ailments    * . *    *    remedy    *    *    *    remedy
*?* * efficiency of the remedy. Asthma * * * this will make the at??
tacks less recurrent, and will eventually work a cure. In aggravated forms?
and when a paroxysm is anticipated    *    *    *    you will ward off the attack
*?*    *    an additional  ten drops    *    *    *    will  promptly  arrest  the  spasm
*?* * for catarrhal bronchitis; " and in each of said wrappers the following :?
" Indicated in the treatment of asthma, catarrh, bronchitis, hay fever, and pul??
monary tuberculosis."
Misbranding of the article was alleged in the libel for the reason that said?
labels, circulars, and wrappers on each of said packages contained statements?
regarding the curative, therapeutic, and physiological effect of said article and?
of the ingredients and substances contained therein, which were false and?
fraudulent, as neither the said article nor the said ingredients or substances?
contained therein were capable of producing the curative, therapeutic, and?
physiological effect claimed therefor in said labels, circulars, and wrappers.
On September 27, 1915, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product should be destroyed by the United States marshal.
CAEL VEOOMAN, Acting Secretary of Agriculture.
N.J. 4251-4300.]     SERVICE  AND -.REGULATORY -ANNOUNCEMENTS.	391