9886. Misbranding of McMuUin's tonic. U. S. * * * v. 10 Large and 8 
Small Bottles of * * * McMuUin's Tonic, et al. Default de- 
crees of condemnation, forfeiture, and destruction. (F. & D. Nos. 
14843, 14853.    I. S. Nos. 10784-t, 10757-t.    S. Nos. W-917, W-921.)
On or about May 3 and 21, 1921, the United States attorney for the District
of Colorado, 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 46 large and 44 small bottles of McMuUin's tonic, remaining
unsold in the original unbroken packages at Pueblo and Denver, Colo., respec-
tively, consigned by the Tilden McMuUin Co., Sedalia, Mo., alleging that the 
.article had been shipped from Sedalia, Mo., in part on or about January 28 
.and March 12, 1921, respectively, and in part on or about April 19, 1921, and 
transported from the State of Missouri into the State of Colorado, and charg- 
ing misbranding in violation of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that it contained water, glycerin, iodids, phenol, and alcohol.
Misbranding of the article was alleged in substance in the libels for the 
reason that the bottle labels and the accompanying circular bore and con- 
tained the following statements regarding the curative and therapeutic effects 
•of the said article, to wit, (labels, both sizes) "* * * Tonic * * * Affords 
.great relief in cases of * * * Consumption, Asthma, Catarrh and Bronchitis," 
(circular, large size) " * * * Have You Tuberculosis or Asthma? If So 
Don't Worry * * * my health began to fail. I had a bad cough, my appe- 
tite failed, * * * I began to lose flesh rapidly. * * * my fever would 
go up to 103, and I had night sweats almost every night. * * * ' McMul- 
lin's Tonic' * * * has done wonders for me. All the symptoms spoken of 
have disappeared, * * * has saved my life from that awful and most 
dreaded disease, Consumption. * * * I took a cold and contracted a bad 
•cough. * * * lost my appetite * * * had night sweats and fever, and 
lost in weight. * * * my lungs were affected. * * * was advised to 
try ' McMullin's Tonic' I did so and got relief at once. My cough left 
me before I had taken the second bottle * * * I am now entirely free 
from all symptoms mentioned above and * * * recommend it to anyone 
suffering from lung trouble or Bronchial trouble or asthma. * * * it will 
cure any one of the dreadful symptoms herein mentioned * * * This is 
the first year I have missed having Hay Fever and Asthma for ten, years 
* * * the only remedy * * * that ever did me any good. * * * a 
word to Asthma Sufferers, I was a victim of that awful disease * * * I 
couldn't lie down for two and three nights out of a week, * * * after I 
had taken two bottles I felt like a new man. * * * I can recommend it, 
to be the best Asthma medicine I have ever used.. * * * Now Asthma 
sufferers, * * * you can be cured * * * Have You Tuberculosis, 
Asthma, Hay Fever or A Stubborn Cough? Do You Have Night Sweats? Are 
You Gradually Losing Weight And Strength? * * * It Will Bring Back 
Your Good Health And The Joy Of Living * * *," which statements were 
false and fraudulent in that the said article contained no ingredient or combi- 
nation of ingredients capable of producing the effects claimed.
On August 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 product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.