7713. Misbranding  of  Lung  Vita.     TJ.   S.    *   *     *   v.  6 "Dozen   Large   Bottles
and 3 Dozen Small Bottles of Lang Vita. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 11112. 1. S. 
No.  7316-r.    S.  No.  C-1431.)
On August 25, 1919, the United States attorney for the District of Indiana, 
acting upon a report by the Secretary of Agriculture, filed in the District Court
13494?-20 2
of the United States for said district a libel for the seizure and condemnation 
of 6 dozen large bottles and 3 dozen small bottles of a drug, labeled in part 
'' Lung Vita," remaining unsold in the original unbroken .packages at Evansville, 
Ind., alleging that the article had been shipped by tlie NasliviUe Medicine Co., 
Nashville, Tenn., and transported on or about July 10, 1919, from the State of 
Tennessee into the State of Indiana, and charging misbranding under the Food 
and Drugs Act, as amended. The article was labeled in part: (Bottle and car- 
ton) " Lung Vita for Consumption and Bronchial Asthma. Directions Take 
teaspoonful befor-e retiring for the first week, then two teaspoonfuls. Drink no 
water for two hours after. Alcohol 5%. Shake well before taking. Price 
$1.00. This bottle contains 4 fluid ozs. Nashville Medicine Company, Nash- 
ville, Tenn. Shake Well Lung Vita. Lung Vita Mfg. by Nashville Medicine 
Company, Nashville, Tenn. For Asthma, Coughs, Colds Take Lung Vita Mfg. 
by Nashville Medicine Company, Nashville, Tenn.; " (hack of bottle) " In cases 
of lung trouble * * * Lung Vita may also be used for coughs, colds, bron- 
chial troubles and whooping cough * * *;" (circular) Lung Vita * * * 
Consumption and Lung Trouble * * * Take your medicine regularly. 
* * * Bronchial Asthma * * * Colds, Coughs, Whooping Cough, <Grip, 
Croup and Bronchial Troubles. * * * take the medicine according to direc- 
tions on the bottle * *? *." (The large amd small bottle labels were iden- 
tical except as to the quantity of contents and price.)
Analysis of a sample of the product made toy the Bureau of -Chemistry of this 
department showed that it consisted essentially of kerosene, vegetable oils, 
sugar, glycerin, alcohol, a small amount of plant extractives, and water.
Misbranding of the article was alleged in substance in the libel for the reason 
that tlie statements above quoted, regarding the curative and therapeutic effects 
of the article, were false and fimidulent in that the drug did not contain any 
ingredient or combination of ingredients capable of producing the results 
claimed.
On January 2, 1920, no claimant having appeared for the property, a decree 
of condemnation and forfeiture was entered, and on February 24, 1920, it was 
ordered by the court that the product be destroyed by the United-States marshal.
E. I). BALL, Acting Secretary of Agiicultwc.