14821. Misbranding of Kopp's. TJ. S. v. 49 Bottles, et al., of Kopp's. De- 
fault    decrees    of   condemnation,   forfeiture,    and    destruction.
(F. & D. Nos. 20476, 20477.    S. Nos. E-5502, E-5503.)
On October 9, 1925, the United States attorney for the Western 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 libels praying seizure 
and condemnation of 535 half-ounce bottles, 579 one and one-half-ounce 
bottles, and 112 four-ounce bottles, of Kopp's, at Buffalo, N. Y., alleging that 
the article had been shipped by the Kopp's Baby's Friend Co., York, Pa., 
in various consignments, June 7, 1924, and February 4 and May 13, 1925. 
respectively, 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: (Circular) "Teething 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 ex- 
treme nervousness, the child becomes restless and fretful, there is indigestion 
which causes either diarrhoea or constipation, vomiting, in many cases, 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 compli- 
cated with Teething, becomes a very grave affair. It is therefore very impor- 
tant that teething be made as painless as possible * * * Kopp's is manufac- 
tured by The Kopp's Baby's Friend Co. Successors to Mrs. J. A. Kopp," (French) 
"During 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 once morning 
and evening regularly," (bottle label) "for child 1 week old * * * Dose 
to be repeated in 2 or 3 hours if necessary to relieve pain * * * Kopp's 
Alcohol About 8% Per Cent Sulphate of Morphine *£ Grain Per Ounce, Besides
Other Medicinal Ingredients Made By The Kopp's Baby's Friend Co. Succes- 
sors to Mrs. J. A. Kopp," (carton) "Kopp's Alcohol About 8x/2 Per Cent. 
Sulphate of Morphine Vs Grain Per Ounce Besides Other Medicinal Ingredients 
The Kopp's Baby's Friend Co. Successors to Mrs. J. A. Kopp * * * 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. Successors to Mrs. J. A. Kopp," 
(folder accompanying portion of product) "Kopp's Remedies for Babies and 
Children Kopp's Baby's Friend 20c, 40c. 75c Used by thousands of mothers in 
all parts of the world for Colic, Diarrhoea and Teething.'"
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.
It was alleged in the libels that the article was misbranded, in that the 
above-quoted statements, regarding the curative and therapeutic effects of 
the said article, were false and fraudulent, since it contained-no ingredient or 
combination of ingredients capable of producing the effects claimed.
On November 4, 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.
W. M. JARDINE, Secretary of Agriculture.