8692. Misbranding of Linonine. V. S-, * * '?' v. 307 Bottles, 34 Dozen?
Bottles, 90 Dozen Bottles, 364 Dosen Bottles, 20 Dozen Bottles, and?
36 Dozen Bottles * * * Linonine. Consent decree of condem??
nation and forfeiture.     Product ordered released on bond.     (F. & L).
Nos. 12392, 12397, 12398, 12399,'12400, 12414. I. S. Nos. 57-r, 58-r, 59-r,?
60-1-, 61-r, 62-r, 63-r, C-i-r. S. Nos. E-?088, E-2089, E-2090, K-2097, E-200S,?
E-2117.)
On May 4, 5, and 11
* 1920, the United States attorney for the Southern Dis??
trict of New York, acting upon a report by the Secretary of Agriculture, filed in?
the District Court of the United States for saicl district libels praying the?
seizure and condemnation of 307 bottles, 34 dozen bottles, 90 dozen bottles, 36}?
dozen bottles, 29 dozen bottles, and 36 dozen bottles of Linonine, remaining un??
sold in the original unbroken packages at New York, N. Y., alleging that the?
article had been shipped by the Kerr Chemical Co., Banbury, Conn., between?
December 15, 1919, and March 11, 1920, and transported from the State of Con??
necticut into the State of New York, and charging misbranding in violation of?
the Food and Dimgs Act, as amended. The article was labeled in part: (Large?
and small bottles) " Pulmonary Diseases, Consumption, Chronic Coughs * * *?
Chronic Bronchitis, the After Effects of La Grippe, Wasting Diseases, Rickets,?
Sci'ofula, Whooping Cough, Rheumatic and Strumous Diseases, General De??
bility, Etc. * * * Linonine is Unsurpassed as a Strengthened Builder, Blood?
Renewer, and for Affections of the Throat and Lungs;"  (cartons, large size
126	
BUREAU  OF  CHEMISTRY.	
[Supplement 104,
only) "Linonine * * * uses * * * Pulmonary Diseases, Consumption,?
Chronic Coughs * * * Chronic Bronchitis, the After Effects of La Grippe,?
Wasting Diseases, Rickets, Scrofula, Whooping Cough, Rheumatic and Strum??
ous Diseases, General Debility, Etc. * * * Linonine is Unequalled as a?
Strengthener, Builder, Blood Renewer, and all Affections of the Throat and?
Lungs * '? * the emulsion of linseed oil * * * a most efficient remedy for?
expectorant coughs ;; * * in the most chronic forms of the disease :': -;: *?
prophylactic against emphysema :;' * >; A remedy * * *? in the asthmas?
which have a history of sequence to pertussis or measles. * * * in the?
treatment of a phthisis in patients who cannot take cod liver oil, particularly?
in those who have much bronchitis. * * * change the secretion from?
the * * *? small adhesive, yellowish pellicle which causes such severe cough??
ing in chronic bronchial catarrh, to the secretion which the patients themselves?
will easily describe as loose and easy."
Analysis of sample of the article by the Bureau of Chemistry of this depart??
ment showed that it consisted of an emulsion composed essentially of linseed?
oil, oils of cinnamon and eucalyptus, methyl salicylate, and glycerin.
Misbranding of the article was alleged in substance in the libels for the?
reason that the above-quoted statemems appearing on the cartons and bottles,?
regarding the curative and therapeutic effects of the article, were false and?
fraudulent as the article contained no ingredients or combination of ingredients?
capable of producing the effects claimed for it.
On October 18 and 28, 1920, the said Kerr Chemical Co., claimant, having ad??
mitted the truth of the allegations of the libels and consented to decrees, judg??
ments of condemnation and forfeiture were entered, and it was ordered by the?
court that the product might be released to said claimant upon payment of all?
costs of the proceedings and the execution of bonds in the aggregate sum of?
$1,545, in conformity with section 10 of the act, conditioned in part that the?
said claimant relabel the goods in a manner satisfactory to this department.
E. D. BALL, Acting Secretary of Agriculture.