17078. Misbranding of   Glykeron.    U.   S.   v.   6   Dozen   Bottles   of   Glykeron. 
Default    decree    of   condemnation,   forfeiture,    and    destruction.
(F. & D. No. 24323.    I. S. No. 022500.    S. No. 2564.)
On December 13, 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 con- 
demnation of 6 dozen bottles of Glykeron at San Juan, P. R., alleging that 
the article had been shipped by Iglesias & Co., New York, N. Y., on or about 
April 26, 1929, to San Juan, P. R., and was being sold and offered for sale in 
Porto Rico by the Drug Co. of Porto Rico, San Juan, 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 
consisted essentially of codeine phosphate, an ammonium salt, extracts of 
plant drugs including a solanaceous drug, tolu, glycerin, alcohol, sugar, and 
water.
It was alleged in the libel that the article was misbranded in that the 
following statements borne on the carton and bottle labels and appearing in 
the accompanying circular, 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: (Carton 
and bottle, translated from Spanish) "Is a powerful sedative for cough and 
an excellent soothing agent for the respiratory apparatus. Diminishes the in- 
flammation and alleviates dyspnea.   The antispasmodic and anodyne action
of this preparation over the respiratory apparatus makes it especially useful 
for cough accompanied by pain, difficult breathing, scanty expectoration and 
restlessness;" (carton only, translated from Spanish) "Cough, Asthma, Bron- 
chitis, Laryngitis, Whooping Cough;" (circular, English) "Of special value 
in cough, bronchitis, pneumonia, asthma, whooping cough and kindred affections 
involving the respiratory system;" (circular, English and foreign languages) 
"Cough, Bronchitis, Pneumonia, Whooping Cough, Asthma, etc. * * * As 
a cough alleviator, respiratory anodyne and sedative, it is both potent and 
trustworthy. * * * It is especially serviceable in the treatment of cough, 
bronchitis, laryngitis, phthisis, pneumonia, whooping cough, asthma and in- 
flammatory disorders of the respiratory tract. * * * Cough. In both acute 
and chronic cough, the response to the sedative effect of Glykeron is prompt. 
Its action is particularly gratifying in the dry, hacking and unproductive cough 
that is so often attended with pain, difficult breathing or restlessness. Bron- 
chitis. Glykeron is beneficial in the treatment of acute and chronic bronchitis. 
* * * overcomes suffocating symptoms. Phthisis. Glykeron is useful in 
many cases of phthisis, in that it lessens the distress accompanying expulsive 
efforts. Asthma. Glykeron diminishes the intensity of asthmatic paroxysms 
and often lengthens the intervals between their recurrence. By its timely ad- 
ministration the severity of asthmatic attacks is frequently lessened. Pneu- 
monia. In the initial stage of pneumonia, the preparation exerts a helpful 
sedative influence. In the latter stages of the disease, its anodyne effect proves 
?helpful. Whooping-Cough. When administered in doses appropriate to the 
age of the patient, Glykeron lessens the spasmodic character and the fre- 
quency of the paroxysms and thus adds to the physical and mental comfort." 
On February 3, 1930, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHTJB M. HYDE, Secretary of AgricvXtwe.