11276.?Misbranding   of   Eckman's   alterative.    V.   S.   v.   14   Bottles   and   42
Bottles of Eckman's Alterative.     Consent decree of condemnation?
and forfeitnre.     Product released nnder bond.     (F.  & D.  No.   16731.
S. No. E-4120.)
On August 14, 1922, 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?
condemnation of 14 bottles, large size, and 42 bottles, small size, of Eckman's?
alterative at Brooklyn, N. Y., alleging that the article had been shipped by the?
Burrows-Little-White Co., Philadelphia, Pa., on or about March 30, 1922, and?
transported from the State of Pennsylvania into the State of New York, and?
charging misbranding in violation of the Food and Drugs Act, as amended.?
The article was labeled in part: (Carton and bottle) "Eckman's Alterative For?
use in the following Throat and Lung Affections Bronchial Asthma, Catarrhal?
Bronchitis and Pulmonary Troubles, Stubborn Coughs and Colds."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it consisted essentially of 3.3 per cent of calcium chlorid,?
2.3 per cent of plant extracts, and 94.4 per cent of water, flavored with clove oil.
138	
BUREAU  OF  CHEMISTRY.	
[Supplement 156,
Misbranding of the article was alleged in the libel for the reason that the?
above-quoted statements regarding the curative and therapeutic effects thereof?
were false and fraudulent since the said article did not contain any ingredient?
or combination of ingredients capable of producing the effects claimed.
On December 14, 1922, the Burrows-Little-White Co., Philadelphia, Pa.,?
claimant, having admitted the allegations of the libel and consented to a decree,?
judgment of condemnation and forfeiture was entered, and it was ordered by?
the court that the product be released to said claimant upon payment of th.k"?
costs of the proceedings and the execution of a bond in the sum of $100, in?
conformity with section 10 of the act, conditioned in part that the said product?
be reshipped to the claimant's factory in Philadelphia, Pa., and relabeled to?
the satisfaction and under the supervision of this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.