S812. Misbranding: of Ganrin's Cougli Syrup. V. S. * * * v. 10| Dozen?
and 12 Dozen Bottles of Gauviu's Cough Syrup. Default decree of?
condemnation, forfeiture, and destruction. (P. & D. Nos. 12669, 12670.?
I. S. Nos. 18586-r, 18581-r.     S. Nos. E-2181, E-2182.)
On June 21, 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 said district libels for the seizure and condemnation of 10if?
clozen and 12 dozen bottles of Gauvin's Cough Syrup, consigned by J. A. E. Gauvin,?
Lowell, Mass., remaining unsold in the original unbroken packages at Bruns??
wick, Me., alleging that the article had been shipped on or about October 9,?
36523??21-?2
214	
BUREAU   OF   CHEMISTRY.	
[Supplement 107,
1919, and transported from the State of Massachusetts into the State of Maine,?
and charging misbranding in violation of the Food and Drugs Act, as amended.?
The 10? dozen bottles were labeled in part: (Bottle) "* * * For * * *?
' La Grippe,' Whooping-Cough and all affections of the Throat and Lungs;"?
(carton) " * * * Recommended for * * * ' La Grippe,' Whooping-Cough?
& 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 Consumption * * * Tubercu??
losis * * * ailments of the Chest * * * Spasmodic Coughs * * * Used?
against all affections of the Throat, Bronchi and Lungs * * * Gauvin's?
Cough Syrup is fully indicated 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 the Chest?
* * * Gastric Disorders;" (wholesale carton) "* * * recommended for?
Pulmonary Diseases * * * affections of the Throat, Bronchial Tubes and?
Lungs. Hoarseness * * * La Grippe, Whooping Cough." The 12 dozen bot??
tles were labeled in part: (Bottle) "* * * For ' La Grippe,'Whooping-Cough?
& all affections of the Throat and Lungs ;" (carton) '? * * * Recommended for?
*La Grippe,' Whooping-Cough and all Throat and Pulmonary Diseases * * *?
for all Diseases of the Respiratory Organs;" (circular) " * * * the greatest?
possibilities of a radical cure * * * highly recommended for all Affections?
of the Respiratory Organs * * * its persistent use produces a beneficent?
relief in serious as well as desperate cases * * * a remedy for all Affections?
of the Respiratory Organs : Throat, Bronchial Tubes and Lungs * * * the?
use of Gauvin's Syrup in the treatment of more severe cases of * * *?
Catarrh, as well as Asthma, Whooping-Cough, La Grippe, Hoarseness, and?
Influenza have proven conclusively the efficacy of this remedy * * * espe??
cially appropriate for the treatment of pulmonary diseases, because it consti??
tutes the best antiseptic combination to check the progress of microbes in the?
respiratory organs   *    *    *   It will relieve the worst cases   *    *    *."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it consisted essentially of the extractives of wild cherry?
bark, spruce gum, sugar, alcohol, and water.
Misbranding of the article was alleged in substance in the libels for the?
reason that the aforesaid statements, regarding the curative or therapeutic?
effects thereof, were false and fraudulent in that the article contained no?
ingredient or ingredients capable of producing the effects claimed.
On July 20, 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.
B. D. BALI., Acting Secretary of Agriculture.