9432. Misbranding of Gauvin's Cough Syrup and Sirup Anis (Sirup of 
Anise). U. S. * * * v. 43 Bottles of Gauvin's Cough Syrup, et 
ah, and 2J Dozen Bottles of Sirup Anis, et al. Default decrees of 
condemnation, forfeiture, and destruction. (F. & D. Nos. 12498, 12499, 
12703, 12704, 12705, 12706, 12766, 12767, 12768, 12769, 12770, 12771. I. S. 
Nos. 304-r, 305-r, 344-r, 345-r, 347-r, 348-r, 482-r, 484-r, 485-r, 487-r, 478-r, 
490-r. S. Nos. B-2136, E-2143, E^-2225, B-2226, B-2227, E-2231, E-2274, 
E-2275,  Er-2276,  E-2277,  E-2279,   B-2280.)
On May 25 and 29, 1920, the United States attorney for the District of New 
Hampshire, acting upon reports by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels for the seizure and 
condemnation of approximately 404 bottles of Gauvin's Cough Syrup and 752 
bottles of Sirup Dennis, at various places in New Hampshire, alleging that the 
articles had been shipped by J. A. E. Gauvin, Lowell, Mass., on various dates 
in 1916, 1917, 1919, and 1920, and. transported from the State of Massachusetts 
into the State of New Hampshire, and charging misbranding in violation of 
the Food and Drugs Act, as amended. All the bottles of the Gauvin's Cough 
Syrup were labeled: (In English) "* * * For * * * ' La Grippe,' 
Whooping-Cough & all Affections of the Throat & Lungs." A portion of the 
cartons inclosing these bottles were labeled: (In 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." The circulars inclosed in these cartons contained 
the following: (In English) "* * * Successfully used in all affections of 
the Throat, Bronchi and Lungs. * * * especially indicated in the treat- 
ment of all cases of Coughs, Colds, Catarrh, Asthma, Whooping-Cough, In- 
fluenza and in the first stages of Consumption. * * * Tuberculosis * * * 
ailments of the Chest * * * Spasmodic Coughs * * *; " (in French) 
<¦ *    *    *    Used   against  all  Affections  of  the  Throat,   Bronchi   and   Lungs.
* * * Gauvin's Cough Syrup is fully indicated for treatment of the most 
serious cases of Colds, Bronchitis, the most obstinate Catarrhs, Asthma, Whoop- 
ing Cough, Grippe, Hoarseness, Influenza and the first stages of Consumption.
* * * Tuberculosis * * * Epidemic Grippe * * *. Disease of the 
Chest * * * Gastric Disorders." Other cartons containing this article 
were labeled: (In English and French) " * * * Recommended for * * * 
'la Grippe' Whooping Cough and all Throat and Pulmonary Diseases. * * * 
for all Diseases of the Respiratory Organs * * *." Circulars inclosed in 
these cartons included the following: (In English and French) "* * * the 
greatest possibilities of a radical cure. * * * highly recommended for all 
Affections Of The Respiratory OrKans. * * * its persistent use produces 
a beneflcient 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.
* * * especially appropriate for the treatment of pulmonary diseases, be- 
cause it constitutes the best antiseptic combination to check the progress of 
microbes in the respiratory organs,    *    *    *    it will relieve the worst cases
* * * " A portion of the bottles containing the Sirop Dans were labeled: 
(In English) "* * * For Babies * * * This preparation is highly 
recommended in cases of Colic, Dysentery, Sleeplessness and painful dentition 
*' * *
,
" (in French) "For Babies This syrup is administered in cases of 
Colic, Diarrhea, Dysentery, painful Dentition, Sleeplessness, Coughs, Colds, 
etc."    The wrappers about these bottles were labeled:  (In English) "*    *    *
For Babies * * * This Syrup is administered for Infantile Colics, Dysen- 
tery, Coughs, Colds, Sleeplessness, etc.," (in French) "For Babies This syrup 
is administered in cases of Colic, Diarrhea, Dysentery, Painful Dentition, 
Coughs, Colds, Sleeplessness, etc." The circulars accompanying these bottles 
contained the following: (In English) "* * * (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 den- 
tition is painful," (in French) "* * * For Babies *. * * A prepara- 
tion for soothing pain in cases of Colic, Dysentery, Colds, and Chills (Re- 
froidissements). Recommended for babies and children when dentition is 
painful and when wanting sleep." The remainder of the Sirop Dennis was 
labeled in English upon the bottles: " For Babies. * * * A preparation for 
soothing/ pain in cases of Colic, Dysentery, Coughs & Colds, recommended for 
•^babies and children when process of dentition is painful."
Analyses of samples of the articles by the Bureau of Chemistry of this depart- 
ment 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.
It was alleged in substance in the libels that the articles were misbranded for 
the reason that the above-quoted statements, regarding the curative and 
therapeutic effects of the articles, appearing upon the bottles, wrappers, and 
circulars, were false and fraudulent for the reason that the products contained 
one ingredients or combination of ingredients capable of producing the effects 
claimed.
On May 31, 1921, 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.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.