SSll. Misbranding- of Gauvin's Cough. Syrup and Sirop D'Anis (simp of?
anise). V. S. * * * v. 222 Bottles of Sirop D'Anis and 168 Bot??
tles and 18 Bottles of Gaavin's Congl* Syrup. Default decrees of?
condemnation, forfeiture, and destruction. (F. & D. Nos. 12601,?
12665, 12666, 12667, 12668. I. S. Nos. 901-r, 903-r, 901-r, 909-1-, 907-r.?
S. Nos. E-2186, E-2187, E-2164, E-2179, E-2180.)
On May 22, 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 district libels for the seizure and?
condemnation of certain quantities of drugs, as follows, 132 bottles at Ogdens-?
burg, N. Y., 36 bottles at Malone, N. Y., and 18 bottles at Albany, N. Y., of?
Gauvin's Cough Syrup, shipped on or about August 26, 1919, and on or about?
March 1, 1920, and 36 bottles and 186 bottles at Ogdensburg, of Sirop D'Anis,?
shipped on or about August 30, 1919, alleging that the articles had been shipped?
by J. A. E. Gauvin, Lowell, Mass., and transported from the State of Massa??
chusetts into the State of New York, and charging misbranding in violation of?
the Food and Drugs Act, as amended. The Gauvin's Cough Syrup was labeled?
in part: (Ogdensburg and Malone consignments) (bottle) "For * * *?
La Grippe; Whooping Cough & all affections of the Throat and Lungs; "?
(carton, English and French) " 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 and recommended 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 * * *;" (circular, French) "* * * Used against?
all affections of the' Throat, Bronchi and Lungs * * * Gauvin's Cough?
Syrup is fully indicated and recommended for the 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   Disorders;"   (Albany   consignment)    (bottle)   "For
N. J. 8801-8850]      SERVICE  AND  REGULATORY ANNOUNCEMENTS.	213
La Grippe, Whooping-Cough & all affections of the Throat & Lungs; " (carton,?
English and French) " Recommended for ' La Grippe,' Whooping-Cough and?
all Throat and Pulmonary Diseases * * * for all Diseases of the Respira??
tory Organs;" (circulars, English and French) "* * 4 the greatest possi??
bilities of a radical cure * * * highly recommended for all Affections of?
the Respiratory Organs * * * its persistent tise produces a beneficient?
relief in serious as well as desperate cases * * * a remedy for all Af??
fections   of   the   Respiratory   Organs: Throat,   Bronchial   Tubes   and   Lungs
*?*    *    the use of Gamin's Syrup in the treatment of more severe cases
*?* * Catarrh, as well as Asthma, Whooping-Cough, La Grippe, Hoarseness?
and Influenza have proven conclusively the efficacy of this remedy * * *?
especially appropriate for the treatment of pulmonary diseases, because it?
constitutes the best antiseptic combination to check the progress of microbes?
in the respiratory organs * * * it will relieve the worst cases * * *."?
The Sirop D'Anis was labeled in part: (Bottle) "For Babies * * * This?
preparation is highly recommended in cases of Colic, Dysentery, Sleeplessness?
and painful dentition * * *," (French) "For Babies * * * This syrup?
is administered in cases of Colic, Diarrhea, Dysentery, Painful Dentition,?
Sleeplessness, Coughs, Colds, etc. * * *;" (wrapper) " For Babies * * *?
This syrup is administered for Infantile Colics, Dysentery, Coughs, Colds,?
Sleeplessness, etc. * * *." (French) "For Babies * * * This syrup?
is administered in cases of Colic, Diarrhea, Dysentery, Painful Dentition,?
Coughs, Colds, Sleeplessness^ etc. * * *;" (circular) " For Babies. * * *?
A preparation for soothing pain in cases of Colic, Dysentery, Coughs, Colds,?
and Sleeplessness. Recommended for babies and children when the process?
of dentition is painful," (French) For Babies * * * A preparation for?
soothing pain in cases of Colic, Dysentery, Colds and Chills (Refroidiss-?
ments) Recommended for babies and children when dentition is painful and?
when wanting sleep."
Analysis of samples of the articles by the Bureau of Chemistry of this de??
partment showed that the cough sirup consisted essentially of extractives of?
wild cherry bark and spruce gum, sugar alcohol, and water, and that the sirup?
of anise consisted essentially of morphine acetate, oil of anise, sugar, alcohol,?
and water.
Misbranding of the articles was alleged in substance in the libels for the?
reason that the aforesaid statements, regarding the curative and therapeutic?
effect of said articles, were false and untrue and fraudulent in that they con:?
tained no ingredient or combination of ingredients capable of producing the?
effects claimed.
On July 31, 1920, no claimant having appeared for the property, judgments?
of condemnation and forfeiture were entered, and it was ordered by the court?
that the products be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.