9338. Misbranding of Euca-Mul.   TT. S.   *   *   *   v. 9 Dozen Bottles   *   *   *   of Euca-Mul. 
Decree of condemnation and forfeiture.   Product released under bond.   (F. & V.
No. 14386.   Inv. No. 27431.   S. No. C-2759.)
On February 2, 1921, the United States attorney for the District of Nebraska, 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 condemnation of 9 dozen bottles, more 
or less, of Euca-Mul, remaining unsold in the original unbroken packages at Omaha, 
Nebr., alleging that the article had been shipped by the Edward G. Binz Co., Los 
Angeles, Calif., on or about December 6, 1920, and transported from the State of 
California into the State of Nebraska, and charging misbranding in violation of the 
Food and Drugs Act, as amended. The article was labeled in part: (Bottle and 
wrapper) "Euca-Mul   *   *   *   in croup   *   *   *   bronchial asthma, tuberculosis,
whooping cough and other throat and lung affections   *   *   *   Relieves   *   *   * 
bronchial asthma.   Especially effective in cough of phthisis and whooping cough."
Analysis of a sample of the article by the Bureau of Chemistry of this department 
showed that it consisted essentially of oil of eucalyptus, sugars, glycerin, gum, water, 
and alcohol.
Misbranding of the article Was alleged in the libel for the reason that the above- 
quoted statements appearing in the labeling, regarding the curative and therapeutic 
effects thereof, Were false and fraudulent in that the said article contained no ingre- 
dient or combination of ingredients capable of producing the effects claimed.
On March 28, 1921, the Edward G. Binz Co., Los Angeles, Calif., having entered an 
appearance as claimant for the property, judgment of condemnation and forfeiture 
was entered, and it was ordered by the court; that the product be released to said 
claimant upon payment of the costs of the proceedings and the execution of a good and 
sufficient bond, in conformity with section 10 of the act, conditioned in part that the 
product be relabeled under the supervision of this department.
E. D. BALL, Acting Secretary of Agriculture.