800S. Misbranding of Gairvin.'* Cough Syrup.?17. S. * * * v. 25 Bottles?
of *" * * Ganvln's Cons'!! Syrup.?Default decree of condem??
nation, forfeiture, and destruction.?(F. & D. No. 12656. I. S. No.?
902-r.     S.  No   E-2IG5.)
On May 20, J 920, 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 district a libel for the seizure and
130	
BUREAU  OF  CHEMISTRY.	
[Supplement 104,
condemnation of 2? bottles of Gauvin's Cough Syrup, at Ogdensburg, N. Y.,?
alleging that the article had been shipped on or about August 30, 3919, by?
J. A. E. Gauvin, Lowell, Mass., and transported from the State of Massachu??
setts into the State of New York, and charging misbranding in violation of?
the Food and Drugs Act, as amended. The article was labeled: (Bottles, Eng??
lish) "For 'La Grippe,' Whooping Cough & all affections of the Throat &?
Lungs;" (cartons) "Recommended for * * * 'La Grippe,' Whooping?
Cough and all Throat and Pulmonary Diseases * * * A safe and active?
Remedy for all Diseases of the Respiratory Organs * * * La Grippe,?
Whooping Cough and all Throat and Lung Diseases;" (circular, English) " * * *?
Successfully used in all affections of the Throat, Bronchi and Lungs * * *?
especially indicated in the treatment of all cases of Coughs, Colds, Catarrh,?
Asthma,  Whooping Cough,  Influenza and in the first stages of consumption
*?* * Tuberculosis ??' * >'? ailments of the Chest * * * Spasmodic?
Coughs * * * Coughs * * *;'' (circular, French) " * * * Used against?
all Affections of the throat, Bronchi and Lungs * * * Gauviu's Cough Syrup?
is fully indicated for treatment of the most serious cases of Colds, Bronchitis,?
the most obstinate Catarrhs, Asthma, Whooping Cough, Grippe, Hoarseness.?
Influenza  and the first  stages  of Consumption    *    *     *    Tuberculosis and
*?* * Epidemic Grippe *? * * Diseases of Chest * * * Gastric Dis??
orders."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment 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 libel for the reason?
that the above-quoted statements printed on the bottles and cartons, regarding?
the curative and therapeutic effects 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, Acting Secretary of Agriculture.