16087. Adulteration and misbranding of Lee's Creo-Lyptus. TJ. S. v. 75 
Doseen Bottles of Lee's Creo-Lywtus. Decree of forfeiture entered. 
Product released under bond.     (F. & D. No. 23118.    S. No. 1209.)
On October 4, 1928, the United States attorney for the Southern 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 seizure and 
condemnation of 75 dozen bottles of Lee's Creo-Lyptus, remaining in the original 
unbroken packages at Savannah, Ga., alleging that the article had been 
shipped by Walter Janvier (Inc.), from New York, N. Y., on or about July 23, 
1928, and transported from the State of New York into the State of Georgia, and 
charging adulteration and misbranding in violation of the food and drugs act as 
amended.
Analysis of a sample of the article by this department showed that it 
consisted essentially of ammonium chloride, choloroform, extracts of plant 
drugs, traces of volatile oils, a possible trace of creosote, sugar, alcohol, and 
water.
It was alleged in the libel that the article was adulterated in that its 
strength fell below the professed standard under which it was sold, namely, 
(display card) " On account of its antiseptic action on the lungs, an active germi- 
cide, and an antiseptic," since the said article had no antiseptic action on the 
lungs, was not an active germicide, and was not an antiseptic.
Misbranding was alleged for the reason that the following statements, 
borne on the labels, were false and misleading: (Bottle label) "Creo * * * 
An emulsified Creosote, Eucalyptus, and pine preparation * * * Contents 
of this package are guaranteed to comply with all Federal and State Pure 
Food Laws," (poster) "Creo * '- * An emulsified Creosote, Eucalyptus, 
and Pine preparation,"   (display card)   "Creo."
Misbranding was alleged for the further reason that the following state- 
ments regarding the curative and therapeutic effects of the article were false 
and fraudulent, since it contained no ingredient or combination of ingredients 
capable of producing the effects claimed: (Display card) " For Coughs, Colds, 
and Bronchial Congestion, Quick Relief to Persistent and Chronic Cases 
* * * Spasmodic Croup and Whooping Cough * * * Stops Coughs iu 5 
Minutes; Creosote-It is used in the treatment of tuberculosis, pneumonia, and 
bronchitis * * * Creosote was originally introduced in the treatment of 
tuberculosis on account of its antiseptic action on the lungs. Its beneficial 
influence in this disease can be ascribed to its stimulating effect on the 
bronchial mucous membrane. For this action it is also a very valuable drug 
in the treatment of all types of chronic bronchitis. It is considered very re- 
liable in the treatment of chronic inflammation of the air passages. Creosote 
if taken over a short period of time is taken in the blood tract and carried to 
the lungs, saturating tliem to the extent that it is next to impossible for pneu-
monia germs to exist. * * * used as an expectorant in bronchitis and Spas- 
modic Croup * * * an active germicide * * * an antiseptic especially 
in the treatment of infections of the upper respiratory tract, and * * * 
in chronic bronchitis and tuberculosis. It has been especially praised in 
asthma. * * * in the treatment of Asthma and Bronchitis where there is 
a tendency to dyspnoea (difficult or labored breathing) and bronchial spasm. 
In chronic bronchitis of aged persons it is particularly salutary. It has been 
especially useful in the treatment of Whooping Cough and Spasmodic Croup.
* * * asserted in the treatment of Catarrhal affections, Coughs, Colds, 
Croup, Whooping Cough, Asthma, etc.;" (poster) "Stop that Cough, Cold, or 
Croup, quickly relieves persistent Coughs, Colds, Spasmodic Croup, Bronchial 
Asthma, Whooping Cough. Prevents Pneumonia;" (bottle label) "Quickly re- 
lieves persistent Coughs, Colds, Spasmodic Croup, Bronchial Congestion, Whoop- 
ing Cough * * * until relieved * * * For whooping cough and croup 
* *? * Creo-Lyptus should be taken regularly according to directions as long 
as cough is evident. Inflamed tissues are quickly relieved * * *. For better 
results in Severe cases."
On October 19, 1928, the Creo-Lyptus Co. (Inc.), having appeared as claim- 
ant for the property and having admitted the allegations of the libel, judg- 
ment of forefeiture was entered, and it was ordered by the court that the 
product be released to the said claimant upon payment of costs and the execu- 
tion of a bond in the sum of $50u, conditioned in part that it be relabeled no 
as to comply with the Federal food and drugs act.
AETHTJE M. HYDE, Secretary- of AgrimMwe.