8576. Misbranding of Gauvin's Cong'li Syrup. U. S. * * * v. 11 Dozen?
Bottles, 4 Doaeii Bottles, 50 Dovsen Bottles, and 11 Dosen Bottles of?
Ganvin's Coug-h Syrup. Default decrees of condemnation, forfei??
ture, and destruction. (F. & D. Nos. 12409, 12410, 12412, 12413. I. S.?
Nos. 13074-r, 13077-r, 13083-r, 18079-r. S. Nos. E-2116, E-2118, E-2120,?
E-2121.)
On May 17 and May 24, 1919, 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 libels for the seizure and condemna??
tion of 11 dozen bottles of Gauvin's Cough Syrup, at Portland, Me., and 4?
dozen bottles, 59 dozen bottles, and 11 dozen bottles of Gauvin's Cough Syrup,?
at Biddeford, Me., consigned by J. A. E. Gauvin, Lowell, Mass., remaining un??
sold in the original unbroken packages, alleging that the article had been?
shipped October 8, October 17 (2 shipments), and October 20, 1919, respectively,?
and transported from the State of Massachusetts into the State of Maine, and?
charging misbranding in violation of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemisrty of this depart??
ment showed that it consisted essentially of extractives of wild cherry bark,?
spruce gum, sugar, alcohol and water.
Misbranding of the article was alleged in substance in the libels for the?
reason that the packages bore certain statements regarding the curative or?
therapeutic effects thereof, as follows, (bottle) " * * * . For * * * ' Da-?
Grippe', Whooping Cough and all affections of the Throat and Lungs," (carton)?
?* * * for * * * an Throat and Pulmonary Diseases * * * all Dis??
eases of the Kespiratory Organs * * *," (circular) "* * * Successfully?
used in all affections of the Throat, Bronchi and Lungs * * * in the treat??
ment of all cases of Coughs, Colds, Catarrh, Asthma, Whooping-Cough, In??
fluenza and in the first stages of Consumption * * * Tuberculosis * * *?
ailments of the Chest * * * Spasmodic Coughs * . * .*? for treatment of?
the most serious cases of Colds, Bronchitis, the most obstinate Catarrhs, Hoarse??
ness    *    *    *    Epidemic   Grippe    *    *    *    Diseases   of   the   Chest    *    *    *
N.J. 8551-8600.]       SERVICE AND REGULATORY ANNOUNCEMENTS.	45
Gastric Disorders," (wholesale carton) "* * * for Pulmonary Diseases?
* * * Affections of the * * * Bronchial Tubes and Lungs * * *,"?
which were false and fraudulent in that the article contained no ingredient or?
ingredients capable of producing the effects claimed.
On June 16, 1920, no claimant having appeared for the property, judgments?
of condemnation and forfeiture were entered, and it was ordered by the court?
that the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.