10902.?Misbranding of Lnng Genuine.     V. S. v. 1 Dozen Packages of Lung
Genuine.     Default decree of condemnation and forfeiture.    Prod??
uct destroyed.     (F. & D. No. 15125.    S. No. B-3422.)
On July 19, 1921, the United States attorney for the Eastern District of New?
York, 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 con??
demnation of 1 dozen packages of Lung Germine, remaining unsold in the?
original unbroken packages at New York, N. Y. (Tottenville, S. I.), alleging?
that the article had been shipped by the Lung Germine Co., Jackson, Mich.,?
on or about June 23, 1921, and transported from the State of Michigan into-?
the State of New York, and charging misbranding in violation of the Food and?
Drugs Act, as amended.
21773?23?1?
501
502	
BUREAU  OP  CHEMISTRY.	
[Supplement 149,
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed that it consisted essentially of sulphuric acid and water with small?
amounts of iron sulphate, alcohol, and materials derived from cod-liver oil and?
spices.
The allegations in the libel with reference to the false and fraudulent state??
ments as to the curative and therapeutic effect of the article, appearing in the?
labeling thereof, were substantially the same as those set forth in detail in?
Notice of Judgment No. 10515, to which reference is made. Misbranding was?
alleged in substance in the libel for the further reason that the statement on?
the bottle label and carton, " Alcohol 10? by Volume," was false and mislead??
ing and in that the package or label failed to bear a statement of the quantity?
or proportion of alcohol contained therein.
On September 29, 1921, no claimant having appeared for the property, a?
decree of the court was entered ordering that the product be forfeited, con??
fiscated, and condemned to the use of the United States. On October 10, 1921,?
the goods were destroyed.
O. W. PUGSLEY, Acting Secretary of Agriculture.