5836. Misbranding of " Japanese Wild Cherry Cough Syrup," and " Japa- 
nese Herlj Laxative Compound." U. S. * * *" v. Torata Tannlia 
(Japanese   Remedy   Co.).      Plea   of   g-Tiilty.      Fine,   5J575    and    costs.
(F. & D. No. 8354.    I. S. Nos. 11435-m, 11436-m.)
On September 26, 1917, the United States attorney for the Eastern District 
of Missouri, acting upon a report hy the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Torata Tanaka, trading as the Japanese Remedy Co., St. Louis, Mo., alleging 
shipment by said defendant, in violation of the Food and Drugs Act, as 
amended, on or about September 18, 1916, from the State of Missouri into 
the State of Illinois, of quantities of articles labeled in part, " Japanese Wild 
Cherry Cough Syrup " and " Japanese Herb Laxative Compound," which were 
misbranded.
Analysis of a sample of the " Cough Syrup " by the Bureau of Chemistry 
of this department showed the following results:
Alcohol  (per cent by volume) 
5.0
Nonvolatile at 100° C. (grams per 100 cc) 
29.3
Ash (gram per 100 cc) 
0.2
Reinsch test for mercury, arsenic, and antimony 
Negative
Menthol 
Present
Aromatics 
Trace
Wild cherry (test for hydrocyanic acid) 
Negative
Reducing sugars after inversion (grams per 100 cc)     26.7
Plant extractives and tannin 
Present
Unidentified alkaloid 
Trace
The sample consisted  essentially of a  hydroalcoholic  solution 
of plant material and menthol. 
The " Laxative Compound " :
The sample consisted essentially of a dilute hydroalcoholic so- 
lution of plant materials bearing emodin.
It was alleged in substance in the information that the " Cough Syrup" 
was misbranded for the reason that certain statements appearing on its label 
falsely and fraudulently represented it as a remedy for all lung diseases, all 
coughs-, whooping cough, catarrh, la grippe, bronchitis, and all inflammation of 
the air passages, and as a cure for coughs, and as a remedy in deep seated 
diseases of the chest mucous membrane, when, in truth and in fact, it was 
not.
Misbranding of the " Laxative Compound " was alleged for the reason that 
it contained alcohol, and its label failed to bear a statement of the proportion 
or quantity of alcohol contained therein. It was alleged in substance that 
the article was misbranded for the further reason that certain statements 
appearing on its label falsely and fraudulently represented it as a remedy 
for all old blood diseases, as a true nerve and blood tonic, and as effective to 
aid the digestion, to cleanse the blood, strengthen the nerves, and create in 
appetite, and as a remedy for rheumatism, blood disorders, stomach trouble, 
liver and kidney complaint, sick headache, malaria, indigestion, dyspepsia, 
constipation, catarrh, skin diseases, nervousness, salt rheum, scrofula, neu- 
ralgia, the aftereffects of la grippe, palpitation of the heart, all forms of 
weakness, and all diseases resulting from vitiated humors of the blood, when, 
in truth and in fact, it was not. It was alleged in substance that the article 
was misbranded for the further reason that certain statements included in the
circular accompanying the article falsely and fraudulently represented it to 
be effective as a blood purifier, to give new life and richness to the blood, and 
to restore shattered nerves, and as a remedy for nervousness and sick head- 
ache, neuralgia, heart and stomach trouble, rheumatism, catarrh, skin dis- 
eases, indigestion, dyspepsia, constipation, liver and kidney complaint, scrof- 
ula, malaria, syphilitic affections, and all diseases resulting from vitiated 
humors of the blood, when, in truth and in fact, it was not.
On October 15, 1917, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $75 and costs.
CARL VROOMAN, Acting Secretary of Agriculture.