13630. Misbranding of Tu-Ber-Ku.    U. S. v. 4 Dozen Bottles of Tu-Ber-Kn.
Decree of forfeiture and destruction entered.     (F. & D. No. 18138. 
S. No. E-4572.)
On December 12, 1923, the United States attorney for the Northern District 
of Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 4 dozen bottles of Tu-Ber-Ku, remaining in the original 
unbroken packages at Rome, Ga., alleging that the article had been shipped 
by the Cawthon-Coleman Drug Co., from Selma, Ala., on or about February 
27, 1923, and transported from the State of Alabama into the State of Georgia, 
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 
department showed that it consisted essentially of glycerin, alcohol, sugar, 
water, and a trace of a phenolic substance, flavored with peppermint oil.
Misbranding of the article was alleged in the libel for the reason that the 
following statements appearing in the labeling, regarding the curative, and 
therapeutic effects of the said article: (Carton and bottle) "Consump- 
tion * * * Croup, Colic, Catarrh And Asthma," (carton only) "for 
* * * all Throat and Lung Troubles * * * has accomplished many 
wonderful cures even in cases given up by physicians * * * in all chronic 
cases," were false and fraudulent, since the article contained no ingredient 
or combination of ingredients capable of producing the effect claimed.
On November 20, 1924, a decree adjudging the product forfeited was entered, 
and it was ordered by the court that it be destroyed by the United States 
marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.