10J>63. Misbranding- of Lung- Germine. U. S. v. 30 Bottles of Lung Genuine.?
Default decree of condemnation and forfeiture. Product dis??
posed of according- to law. (F. & D. No. 15090. I. S. No. 10718-4:.?
S. No. W-988.)
On June 27, 1921, the United States attorney for the Southern District of?
California, 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 30 bottles of Lung Germine, remaining in the original un-?
broken packages at Los Angeles, Calif., consigned by the Lung Germine Co.,?
Jackson, Mich., alleging that the article had.been shipped from Jackson, Mich.,?
on or about January 29 and May 2, 1921, and transported from the State of?
Michigan into the State of California, and charging 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 de??
partment showed that it consisted essentially of sulphuric acid and water, with?
small quantities of iron sulphate, alcohol, and materials derived from cod-liver?
oil and spices.
It was alleged in substance in the libel that the article was misbranded in that?
the bottles and cartons containing the said articles were labeled in part as fol??
lows, (bottle) "Treatment For Relief Of Defective Nutrition and for Increas??
ing Strength and General Health where Mucous Membranes are Susceptible?
to Lung Disease and Pulmonary Disorganization with Bronchial Irritation.?
(In Pre-tubercular Stages) * * * Use no other lung medicine while using?
Lung Germine. Read carefully the circular accompanying this bottle * * * "?
(carton) " * * * Use no other lung medicine when using Lung Germine.?
Read carefully the circular accompanying this bottle. * * * Your lungs?
Are They Weak Or Painful? Do your lungs ever bleed? Do you have night?
sweats? Are you short of breath? Have you pain in chest and sides? Do?
you spit yellow black matter? Do you have pains under your shoulder blades??
These Are Regarded Symptoms of Lung Trouble.    Do Not Neglect These Symp-
N.J. 10951-11000]      SERVICE  AND  REGULATORY ANNOUNCEMENTS.      533
toms. &eep Lung Germine in your home ready for immediate use at the first?
sign of Membraneous Lung Disease or Bronchial Irritation * * * Treat??
ment For Relief Of Defective Nutrition and for Increasing Strength and Gen??
eral Health where Mucous Membranes are Susceptible to Lung Diseases and?
Pulmonary Disorganization with Bronchial Irritation (In Pre-tubercular?
Stages)," which statements on the said labels and cartons were false and?
fraudulent, since the said article contained no ingredient or combination of in??
gredients capable of producing the curative and therapeutic effects claimed.
On April 19, 1922, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product be disposed of by the United States marshal according to law.
C. W. PUGSLEY, Acting Secretary of Agriculture.