10994.?Misbranding:  of Lung  Germine.    TJ.   S.  v.  12 Bottles  and  20 Bottles
of Lung Genuine. Default decrees of condemnation, forfeiture,?
and destruction. (F. & D. Nos. 15163, 15225. I. S. Nos. 1034-t, 3386-t.?
S. Nos. C-3116, C-3131.)
On July 21 and 22, 1921, respectively, the United States attorney for the Dis??
trict of Kansas, 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 32 bottles of Lung Germine, in part at Wichita and in?
part at Atchison, Kans., alleging that the article had been shipped by the Lung?
Germine Co., Jackson, Mich., on or about March 23 and August 27, 1920, re??
spectively, and transported from the State of Michigan into the State of Kan??
sas, 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 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.
Misbranding of the article was alleged in substance in the Libels for the rea??
son that the following statements appearing in the labels of the bott]es and?
cartons containing the article, to wit, (bottles) " * * * Treatment For Re??
lief Of Defective Nutrition and for Increasing 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) " * * * Your Lungs Are They?
Weak Or Painful? Do your lungs ever bleed? Do you have night sweats??
Are you short of breath?   Have you pains in chest and sides?   Do you spit
N. J. 10951-11000]     SERVICE AND REGULATORY ANNOUNCEMENTS.      549
yellow and black matter? Do you have pains under your shoulder blades??
These Are Regarded Symptoms of Lung Trouble. Do Not Neglect These Symp??
toms. Keep 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)," and the following statements appearing in a booklet or circular ac??
companying a portion of the said article, " * * * What You Want To Know?
About Lung Germine As a sufferer from mucous membrane affections of the?
lungs and bronchial irritation, readily susceptible to the primary or pre-tuber-?
cular stage of pulmonary consumption, you are deeply interested in learning?
all that you can about any medicine or treatment for relieving these,distress??
ing afflictions. * * * What To Do For Hemorrhage * * * bleeding from?
the lung * * * What To Do For Persistent Night Sweats Night Sweats?
are a commonly recognized symptom of tuberculosis * * * Consumption?
* * * Tuberculosis * * * tubercle bacilli * * * germs of tuberculo??
sis * * *," regarding the curative or therapeutic effect of the said article,?
were false and fraudulent, and the said statements were applied to the article?
so as to represent falsely and fraudulently and to create in the minds of pur??
chasers thereof the impression and belief that it was effective to produce the?
therapeutic effects claimed therein, when, in truth and in fact, it contained no?
ingredients or combination of ingredients capable of producing such effects.
On February 16 and 17, 1922, respectively, 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.
0. W. PUGSLEY, Acting Secretary of Agriculture.