11871. Misbranding of Tubbs white pine cough, cure and Tubbs' condition 
powder. U. S. v. 20 Bottles, et al., of Tubbs White Pine Cough 
Cure and 24 Packages, et al., of Tubbs' Condition Powder. Con- 
sent decrees of condemnation and fox'feiture -with respect to 58 
dozen bottles of Tubbs white pine cough care and product re- 
leased under bond to be relabeled. Default decrees of condem- 
nation, forfeiture, and destruction with respect to remainder olf 
products. (P. & D. Nos. 16156, 16157, 16158, 16159, 16160, 16161, 16162. 
S. Nos. C-3555, C-3556, C-3557,  C-3558, C-3559, C-3560, C-3561.)
On April 29, 1922, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the" United States for said district libels praying the seizure and condemna- 
tion of 751*2 dozen bottles of Tubbs white pine cough cure and 43 packages of 
Tubbs' condition powder, remaining in the original unbroken packages at 
Cloquet, Duluth, and Cromwell, Minn., respectively, alleging that the articles 
had been shipped by the Tubbs Medicine Co., from River Falls, Wis., between 
the dates of February 26, 1921, and April 8, 1922, and transported from the 
State of Wisconsin into the State of Minnesota, and charging misbranding in 
violation of the Food and Drugs Act, as amended.
Analyses of samples of the articles by the Bureau of Chemistry of this de- 
partment showed that the cough cure consisted essentially of pine tar, extract 
of a bark, chloroform, sugar, alcohol, and water, and that the condition powder 
consisted essentially of ground oil cake, nux vomica, charcoal, sulphur, soda, 
salt, copperas, and potassium nitrate.
Misbranding of the articles was alleged in substance in the libels for the 
reason that the following statements appearing on the labels of the bottles 
containing the cough cure, " Tubbs White Pine Cough Cure * * * For 
* * * Croup, Whooping Cough & Relief in Consumptive Cases. * * * 
Take one teaspoonful every 30 minutes till relief is certain. Larger doses 
do not hasten a cure," and the following statements appearing in the labeling 
of the condition powder, " Tubbs' Condition Powder * * * It is an in- 
valuable remedy for * * * Distemper * * * Mange, Coughs * * * 
Boils, Pink Bye, Epizootic * * * For Horses * * * for * * * 
Coughs, Distemper * * * Heaves, Influenza * * *. Distemper and 
Epizootic readily overcome by using a tablespoonful three times a day. * * * 
prevents * * * heaves * * * For Cows * * * To prevent garget, 
milk-fever * * * For Calves * * * prevent scours * * * For Hogs 
To prevent cholera * * * For Poultry Cholera, Roup, Gapes," regarding 
the curative and therapeutic effects of the said articles, were false and fraud- 
ulent, since the said products contained no ingredients or combinations of in- 
gredients capable of producing the effects claimed.
On July 20, 1922, the Tubbs Medicine Co., River Falls, Wis., having appeared 
as claimant for 58 dozen bottles of the cough cure and having consented to 
the entry of decrees, judgments of condemnation and forfeiture were entered, 
and it was ordered by the court that the product be released to the said 
claimant upon payment of the costs of the proceedings and the execution of 
bonds in the aggregate sum of $200, in conformity with section 10 of the act,
conditioned in part that it be relabeled to the satisfaction of this department. 
On September 14, 1923, no claimant having appeared for the balance of the 
cough cure and for the condition powder, judgments of condemnation and 
forfeiture were entered, and it was ordered by the court that the products 
be destroyed by the United States marshal.
HOWARD M. GOEE, Acting Secretary of Agriculture.