13873. Misbranding of Kopp's.    V. S. v. 17 Dozen Bottles, et al., of Kopp's.
Default   decrees   of   condemnation,   forfeiture,   and   destruction.
(F. & D. Nos. 20484 to 20489, incl.    S. Nos. E-5497 to E-5501, incl.)
On October 9, 1925, the United States attorney for the District of Maryland, 
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 145 dozen %-ounce bottles, 85H dozen 1%-ounce bottles, and 35% dozen 
4-ounce bottles of Kopp's, remaining in the original unbroken packages at 
Baltimore, Md., alleging that the article had been shipped by the Kopp's Baby's 
Friend Co., from York, Pa., between the dates of January 29, 1925, and Sep- 
tember 30, 1925, and transported from the State of Pennsylvania into the State 
of Maryland, 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 consisted essentially of morphine sulphate, alcohol, sugar, 
water, and flavoring and coloring materials.
Misbranding of tlie article was alleged in the libels for the reason that the* 
following statements regarding the curative and therapeutic effects of the 
article, borne on the labeling of all the said article: (Circular, English) " Teeth- 
ing. This is usually a trying and critical experience in baby's career. The 
swollen and congested gums are very painful, and if this pain continues it 
causes extreme nervousness, the child becomes restless and fretful, there is 
indigestion which causes either diarrhoea or constipation, vomiting, in many 
eases, high fever and sometimes convulsions. A Teething, baby is a Nervous 
Baby and is more likely to contract Colds, Diarrhoea, Cholera infantum, 
Whooping Cough, and other baby ailments, and is less able to withstand them. 
In fact, many a case of illness in an infant that in itself could be controlled, 
when complicated with Teething, becomes a very grave affair. It is therefore 
very important that teething be made as painless as possible," (French) "Dur- 
ing dentition use this remedy regularly morning and evening," (German) "In the 
coming of the teeth it should be taken regularly morning and evening," 
(Spanish) "During dentition it should be used regularly night and morning," 
(Italian) "During dentition it is to be given to the little ones morning and 
evening regularly," (bottle) " Kopp's Alcohol About 8*4 Per Cent Sulphate Of 
Morphine V8 Grain Per Ounce Besides Other Medicinal Ingredients Made By 
The Kopp's Baby's Friend Co. Successors to Mrs. J. A. Kopp," (carton, which 
is that portion of labeling first seen by purchaser) "Kopp's Alcohol about 8Y2 
Per Cent. Sulphate Of Morphine % Grain Per Ounce Besides Other Medi- 
cinal Ingredients The Kopp's Baby's Friend Co. Kopp's The Kopp's" Baby's 
Friend Co. Successors to Mrs. J. A. Kopp, Kopp's Made by The Kopp's Baby's- 
Friend Co.," together with the statements borne on a white folder accompanying 
a portion of the article: " Kopp's Remedies for Babies and Children. Kopp's 
Baby's Friend 200, 400, 750. Used by thousands of mothers in all parts of the 
world for Colic, Diarrhoea and Teething," were false and fraudulent, since the 
said article contained no ingredient or combination of ingredients capable of 
producing the effects claimed.
On November 18, 1925, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
C. F. MABVIN, Acting Secretary of Agriculture.