16410. Misbranding of Jarabe Compuesto Coeillana Tropical.      U. S, v. 144
Bottles of Jarabe Compuesto  Coeillana Tropical.    Default  decree 
of condemnation, forfeiture,  and  destruction.     (F.  & D.  No.  23670.
I. S. No. 02140.    S. No. 1845.) 
:
On May 4, 1929, the United States attorney for the District of Porto Rico, 
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 144 bottles of Jarabe Compuesto Coeillana Tropical at Santurce, P. R., 
alleging that the article was being offered for sale and sold in Porto Rxo by 
the American Tropical Remedy Co., Santurce, P. R., and charging misbranding 
in violation of the food and drugs act as amended.  
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of an extract of a plant drug, menthol, alcohol, sugar, and 
water. 
*.;    ; ?. "
It was alleged in the libel that the article was misbrainded in that the pack- 
age failed to bear a statement on the label thereof of the quantity or proportion 
of alcohol contained therein. Misbranding was alleged, for the further reason 
that the following statements regarding the curative and therapeutic effects of 
the article, (carton, translated from Spanish) "Expectorant * * * Anti- 
grippal * * * Alleviates cough * * * irritation of the throat and 
bronchia, hoarseness, etc. * * * for treatment of acute and sub-acute dis- 
eases of the chest, such as laryngitis, bronchitis, asthma, pleurisy, etc. and for 
alleviating the cough accompanying these diseases," (bottle, translated from 
Spanish) "For the treatment of the acute and sub-acute diseases of the chest, 
such as, bronchitis, laryngitis, pleurisy, asthma, etc. and for alleviating the 
cough accompanying these diseases," were false and fraudulent in that the 
article contained no ingredient or combination of ingredients capable of pro- 
ducing the effects claimed, and in that the said statements were applied to 
the article knowingly and in reckless and wanton disregard of their truth Of 
falsity, so as to represent falsely and fraudulently to purchasers thereof and 
create in the mindsi of such purchasers the impression and belief that it was in 
whole or in part composed of or contained ingredients or medicinal agents 
effective in the treatment of thediseases or conditions named therein.
On June 8, 1929, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it,was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. IIYDB, Secretary of Agriculture.