13888. Misbranding of Dr. J. S. Rose's whooping cough remedy. V. S. v. 
34 Bottles of Dr. J. S. Rose's Whooping Cough Remedy. Default 
order of destruction entered.     (F. & D. No. 19905.     S. No. B-5168.)
On March 18, 1925, the United States attorney for the Eastern District of 
Virginia, 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 34 bottles of Dr. J. S. Rose's whooping cough remedy, 
remaining unsold in the original packages at Richmond, Va., alleging that the 
article had been shipped by Aschenbach & Miller, Inc., from Philadelphia, Pa., 
on or about January 6, 1925, and transported from the State of Pennsylvania 
into the State of Virginia, and charging misbranding in violation of the food 
and drugs act as amended.
Analysis by the Bureau of Chemistry of this department of a sample of the 
article showed that it contained sirup, potassium nitrate, arsenic, and a 
cyanide.
Misbranding of the article was alleged in the libel for the reason that the 
following statements: (Carton) "Whooping Cough Remedy * * * Symptoms 
of "Whooping Cough. It comes on with a slight cough gradually increasing 
until the patient is almost suffocated; the eyes swell and sometimes the whole 
face, the nose runs, there is more or less fever and each spell of coughing ends 
in vomiting, which produces a short respite from suffering, or perfect and 
complete intermission from all symptoms. * * * Whooping Cough-What 
is it? Physicians have unanimously come to the conclusion that Whooping 
Cough is not only clearly spasmodic, but may, if neglected, often run into other 
diseases-as Chronic Inflammation of the Lungs, Consumption and often 
Dropsy of the Chest. These terminations of the disease, however, they all 
admit, are only possible when badly treated or left to itself-believing it must 
run the course of many months, and which it unfortunately often does, if 
treated in the ordinary way. Discovering early in my practice the disease thus 
maltreated or misunderstood, I determined to study its Pathology, or nature, 
and having discovered this, I invented this Compound, since which time I have 
seldom seen a case last over one or two weeks-relieving after the first day 
(producing marked improvement) and leaving no bad effect from the disease. 
* * * In Whooping Cough it is not only necessary to use medicine that will 
cause expectoration, but it must also remove spasm of the air-cells, and be 
Tonic in its nature to prevent the frequent returns and long continuation of 
coughing. Therefore, having always relieved the spasms of Whooping Cough 
with this Remedy, we most strongly recommend it to all who have now, or 
may have hereafter, Whooping Cough," (bottle) " Whooping Cough Remedy," 
borne on the labels, regarding the curative and therapeutic effects of the said 
article, were false and fraudulent, since the said article contained no in- 
gredient or combination of ingredients capable of producing the effects claimed.
On October 12, 1925, no claimant having appeared for the property, judgment 
of the court was entered, finding the product misbranded and ordering its 
destruction by the United States marshal.
C. F. MAEVIN, Acting Secretary of Agriculture.