S714. Misbranding- of Gamin's Cough Syrap. V. S. * * * v. 70 Bottles?
of Gaavin's Couj>h Syrup. Default decree of condemnation, forfei??
ture, and destruction. (F. & D. No. 12451. I. S. No. 1-070-r. S. NO.?
E-2H4.)
On May 17, 1920, 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 snid district a libel for the seizure and condemnation of?
70 bottles of Gauvin's Cough Syrup, remaining unsold in the original unbroken?
packages at Portland,. Me., alleging that the article had been shipped on or?
about October 29, 1919, by J. A. B. Gauvin, Lowell, Mass., and transported?
from the State of Massachusetts into the State of Maine, and charging misbrand??
ing under the Food and Drugs Act, as amended. The article was labeled in part:?
(Bottle) "* * * For * * * 'La Grippe,' Whooping-Cough & all Affec??
tions of the Throat & lungs;" (carton) "?* * * 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)?
? *    *    *    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 Con??
sumption * * * Tuberculosis * * * ailments of the Chest * * *?
Spasmodic Coughs * * * U^cd against all Affections of the Throat, Bron??
chi, and Lungs * * * Gauvin's Cough Syrup is fully indicated for treat??
ment of the most serious cases of Colds, Bronchitis, the n;ost obstinate Ca??
tarrhs, Asthma, Whooping-Cough, Grippe, Hoarseness, Influenza and the first?
stages of Consumption    *    *    *    Tuberculosis and    *    *    *    Epidemic Grippe
*?* * Diseases of the Chest * * * Gastric Disorders * * * recom??
mended for Pulmonary Diseases * * * Affections of the Throat, Bronchial?
Tubes and Lungs, Hoarseness    *    *    *    La Grippe, Whooping-cough."
Analysis of a sample of the product made by the Bureau of Chemistry of?
this department showed that it consisted essentially of the extractives of wild?
cherry bark and spruce gum, sugar, water, and alcohol.
Misbranding of the article was alleged in the libel for the reason that the?
above-quoted statements were false and fraudulent in that said article con-
146	
BUREAU  OF   CHEMISTRY.	
[Supplement 105,
taiuecl no ingredient or ingredients capable of producing the therapeutic or?
curative effects claimed for it in said statements.
On June 17, 3920, no claimant having appeared for the product, a default?
decree of condemnation and forfeiture was entered, and it was ordered by the?
court that the product be destroyed by the United States marshal.
B. D. BALL, Acting Secretary of Agriculture.