16532.   Misbranding of Bromalina.    TJ.  S. v.  30 Bottles  of Bromalina.     De- 
fault decree of condemnation, forfeiture, and destruction.     (F? &
D. No. 23686.    1. S. No. 02139.     S. No. 1914.)
On May 10, 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 30 bottles of Bromalina at Ponce, P. R., alleging that the article was in 
possession of Moscoso Hno. & Co., S en O, Ponce, P. R., and was being sold and 
offered for sale in Porto Rico, 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 creosote, bromoform, methyl salicylate, alcohol, sugar, and 
water.
It was'alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding the curative and therapeutic effects of the said 
article, borne on the labels, (bottle label, translated from Spanish) " Indica- 
tions : Catarrhs, Coughs, Bronchial Affections, Grippe, Etc.," (carton label, one 
panel in English and 3 panels in Spanish) " In diseases of the Respiratory 
tract, Bronchitis, Catarrhs, Chronic Coughs, Hoarseness, etc. * * * [Trans- 
lation]    *    *    *    for  diseases  of the  respiratory  tract, bronchitis,  catarrhs,
obstinate coughs, grippe, hoarseness, etc. * * * Bromalina is indicated for 
bronchopulmonary diseases," (circular, translated from Spanish) "Bromalina 
against Cough and Catarrhs, * * * used for many years in Coughs of 
catarrhal origin with splendid results, should be taken from the first moment 
in which the catarrhal symptoms appear. * * * which make its effects 
to be beneficial if its use is continued. Bromalina * * * a remedy for 
catarrhal affections and for diseases in which an antiseptic expectorant is 
indicated. * * * Bromalina should be taken from the start of any acute 
or chronic catarrh," were false and fraudulent in that the article contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed, and in that the said statements were applied to the article knowingly 
and in reckless and Avanton disregard of tlieir truth or falsity, so as to repre- 
sent falsely and fraudulently to purchasers thereof and create in the minds of 
such purchasers the impression and belief that it was in whole or in part com- 
posed of or contained ingredients or medicinal agents effective in the diseases 
and 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. HYDE, Secretary of Agriculture.