8097. Misbranding of Siron D'Anis (Sirup of Anise). 17. S. * * * v. 139?
Bottles * * * of Sirop D'Anis. Default decree of condemna??
tion, forfeiture, ami destruction.     (F. & D. No. 12655.    I. S. No. 906-r.
S. No. E-2178.)
On May 20, 1920, the United States attorney for the Northern District of New?
York, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said di
strict a libel for the seizure and condem??
nation of 129 bottles of Strop D'Anis, at Troy, N. Y., alleging that the article?
bad been shipped on or about April 21, i920, by J. A. E. Gaiivin, Lowell, Mass.,?
and transported from the State of Massachusetts into the State of New York,?
and charging misbranding in violation of the Food and Drugs Act, as amended.?
The article was labeled: (Bottles) "For babies * * * This preparation is?
highly recommended in cases of Colic, Dysentery, Sleeplessness and painful?
dentition * * *;" (in the French language) " For babies "? * * This syrup?
is administered in cases of Colic, Diarrhea, Dysentery, Painful Dentition, Sleep??
lessness, Coughs, Colds, etc. * :!- * ; " (on paper coverings wrapped around?
bottles) ''For babies * * * This Syrup is administered in cases of Colic,?
Diarrhea, Dysentery, Painful Dentition, Coughs, Colds,
" Sleeplessness, etc.?
* * * ; " (circulars, English) " For babies * * * A preparation for soothing?
pain in cases of Colic, Dysentery, Coughs, Colds and Sleeplessness. Recom??
mended for babies and children when the process of dentition is painful; " (cir??
culars, French) '* For Babies, * * * A preparation for soothing pain in cases?
of Colic. Dysentery, Colds and Chills (refroidissements). Recommended Cor?
babies and children when dentition is painful and when wanting sleep."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it consisted essentially of morphine acetate, oil of anise,?
alcohol, sugar, and water.
Misbranding of the article was alleged in substance in the libel for the reason?
that the above-quoted statements, printed on the bottles and wrappers, regard??
ing the curative and therapeutic effect of the article when administered, were?
false and fraudulent in that the article contained no ingredient or combination?
of ingredients capable of producing the effects claimed.
On July 31, 1920, no claimant having appeared for the property, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court that?
the product be destroyed by the United States marshal.
E. D. BALL, Actipg Secretary of Agriculture.