10304. Misbranding1 of Bristol's sarsaparilla compound and Kemp's Anaca- huita pectoral compound. U. S. * * * v. 18| Dozen Bottles of Bristol's Sarsaparilla Compound and 11 Dozen Bottles and 2% Dozen Bottles of Kemp's Anacahuita Pectoral Compound. Con- sent decrees of condemnation and forfeiture. Products released under toond. (F. & D. Nos. 14965, 14966, 14967, 14979. I. S. Nos. 10495-tr 10496-t, 10497-t, 10498M;. S. Nos. W-961, W-962, W-964, W-966.) On June 2 and 4, 1921, respectively, the United States attorney for the North- ern District of California, 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 18| dozen bottles of Bristol's sarsaparilla compound and 13? dozen bottles of Kemp's Anacahuita pectoral compound, remaining in the original unbroken packages at San Francisco, Calif., alleging that the arti- cles had been shipped by Lanman & Kemp, New York, N. Y., between the dates May 17, 1919, and July 18, 1920, and transported from the State of New York into the State of California, and charging misbranding in violation of the Food and Drugs Act, as amended. The articles were labeled in part, respectively: (Bristol's sarsaparilla compound) (wrapper) " * * * For Impure Conditions Of The Blood, Supposed To Be Induced By Syphilitic Taint * * * And Marked By Rheumatic Or Neuralgic Manifestations, Skin Eruptions, Nervous and General Debility of the System, Loss of Appetite, Languor, Dizziness, and Inactive Liver, which often precede Bilious And Other Fevers And Jaun- dice. * * *"; (bottle in English and Spanish) "* * * Ulcers or Running Sores, * * * Soreness of the Throat, * * *";. (Kemp's Anacahuita pectoral compound) (bottle label in English and wrapper in English, Spanish, and French) " * * * highly esteemed for its efficacy in Coughs, Throat and Bronchial Affections. * * *"; (circular accompanying a portion) (Spanish) " Pectoral de Anacahuita * * * for affections of the chest * * * phthisis * * * It may be stated with all confidence that with the use of this valuable remedy very satisfactory results have been obtained in cases of persons seriously threatened * * * Pulmonary consumption, tuberculous phthisis * * * catarrh * * * epidemical catarrh or influenza * * * bronchitis * * * For the chronic bronchitis of old persons * * * when accompanied by coughs, and habitual irritation, copious expectoration, loss of strength, purulent sputum, coughs more violent by night and hectic and noc- turnal sweats the Pectoral de Anacahuita is invaluable. Whooping cough or convulsive cough * * * asthma * * * pleurisy, membraneous croup or croup. This disease which is distinguished by inflammation of the upper part of the throat with deposit of a false membrane which completely obstructs the pas- sage so that the patient is suffocated may be prevented when the first symptoms appear by administering an emetic and tak'ng freely a remedy like Pectoral de Anacahuita. For hectic fever which is usually accompanied by bronchial and pulmonary affections * * * Difficult respiration. All pulmonary diseases or those that affect the lungs are influenced by this remedy. It nips this dis- ease in the bud * * *";(circular accompanying the remainder) (Eng- lish) " * * * Kemp's Anacahuita Pectoral Compound is * * * for the relief of affections of the chest. While we may not go so far as to say that Kemp's Anacahuita Pectoral Compound is a specific for Consumption, and that it will arrest the tubercular deposit after the disease has made serious ravages on the system, we nevertheless assert in good faith that with the use of this ex- ceUent preparation, good results may be obtained. We can recommend it highly to all who may be threatened by the disease, to arrest its progress and restore health. A preparation of this nature cannot but be regarded as a benefit, * * * Pulmonary Consumption. Phthisis Tuberculosa. * * * Spitting of Blood (hemorrhage) * * * cough * * * a great wasting of flesh. * * * hectic fever * * * copious sweats, diarrhoea, a great wasting of flesh and a wearing cough ? * * * scrofulous symptoms. * * * from the very mo- ment that the cough first appears, Kemp's Anacahuita Pectoral should be taken * * * Catarrh * * * Epidemic Catarrh or Influenza * * * Anacahuita Pectoral should be used * * * Bronchitis * * * expulsion of the mucus and the reduction of the inflammation of the respiratory ducts. Ana- cahuita Pectoral can be safely recommended * * * it is beneficial in any stage of the ailment, * * * In the Chronic Bronchitis of the aged, or of persons addicted to intemperance, when accompanied by a cough and habit- ual * * * copious expectoration, loss of strength, purulent sputa, cough more severe at night and hectic nightsweats, Anacahuita Pectoral should be taken. Whooping-cough or Convulsive-cough. * * * may be relieved if timely use is made * * * Asthma. * * * ' should * * * be taken * * * Pleurisy. * * * free use being made of Anacahuita Pec- toral * * * Croup.-This disease, which is marked by the inflammation of the upper part of the throat, and the growth of a false membrane which com- pletely closes the passage, so that the patient dies from suffocation may be avoided if on the appearance of the first symptoms an emetic is given and Anacahuita Pectoral administered freely. The hectic fever which usually ac- companies bronchial and pulmonary affections may be arrested by taking Ana- cahuita Pectoral * * * Difficult respiration. All pulmonary complaints or those which affect the lungs are liable to present this distressing symptom. Re- lieve the trouble and remove the -cause. Try Kemp's Anacahuita Pectoral Com- pound." Analyses of samples of the articles by the Bureau of Chemistry of this department showed that the pectoral compound consisted essentially of small amounts of vegetable extractives, magnesium and ammonium salts, approxi- mately 25 per cent of sugars, 25 per cent of alcohol, and water; and that the sarsaparilla compound consisted essentially of one-third per cent of potassium iodid, small amounts of extractives of vegetable drugs, including a laxative drug, traces of volatile oils, 15 per cent of sugar, 11 per cent of alcohol, and water. Misbranding of the articles was alleged in substance in the libels for the reason that the above-quoted statements appearing in the labeling thereof were false and fraudulent, since the said articles contained no ingredients or combi- nations of ingredients capable of producing the curative and therapeutic effects claimed. Misbranding of the Kemp's Anacahuita pectoral compound was al- leged for the further reason that the statement on the label, to wit, "Alcohol, 34 per cent * * *," was false and misleading, and for the further reason that the package failed to bear a statement on the label of the quantity or proportion of alcohol contained therein, since the statement on the said label was incorrect. On September 17, 1921, J. Lawrence, Jr., having entered an appearance as claimant and having consented to the entry of decrees, judgments of condemna- tion and forfeiture were entered, and it was ordered by the court that the products be released to the said claimant upon payment of the costs of the proceedings and the execution of bonds in the aggregate sum of $500, condi- tioned in part that they be relabeled in accordance with the requirements and directions of this department. C. W. PUGSLEY, Acting Secretary of Agriculture.