Issued April 20, 1923.
United States Department of Agriculture.
SERVICE AND REGULATORY ANNOUNCEMENTS.
BUREAU  OF CHEMISTRY.
SUPPLEMENT.
K. J. 11151-11?M.
LApproved by the Acting Secretary of Agriculture, Washington, D. C, March 31, 1923.]
NOTICES OF JUDGMENT UNDER THE FOOD AND DRUGS ACT.
[Given pursuant to section 4 of the Food and Drugs Act.]
11151.?Misbranding  of McMullin's  tonic.     U. S.  v.  9  Bottles  of McMullin's
Tonic.    Default decree of condemnation, forfeiture, and destruc??
tion.     (F. & D. No. 14810.    I. S. No. 3915-t.    S. No. C-2976.)
On April 29, 1921, the United States attorney for the Western District of?
Oklahoma, 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 9 bottles of McMullin's tonic, remaining unsold in the original?
unbroken packages at Oklahoma City, Okla., alleging that the article had been?
shipped by Tilden McMullin, Sedalia, Mo., on or about January 15, 1921, and?
transported from the State of Missouri into the State of Oklahoma, 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 depart??
ment showed that it consisted essentially of glycerin, alcohol, and water, with?
traces of iodid and phenol.
Misbranding of the article was alleged in substance in the libel for the reason?
that the labels on the bottles containing the said article bore certain statements,?
designs, and devices regarding the curative and therapeutic effects thereof, to?
wit> ?* * * Tonic * * * Affords great relief in cases of * * *?
Consumption, Asthma, Catarrh and Bronchitis," which were false and fraudu??
lent in that the said article contained no ingredient or combination of ingredi??
ents capable of producing the effects claimed.
On January 5, 1923, 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 destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.