17383. Misbranding of Witmer's Congfbine. TJ. S. v. 13 Dozen Bottles of 
Witmer's Coughine. Product ordered released nnder bond to be 
relabeled.     (F. & D. No. 23484.    I. S. No. 05036.    S. No. 1656.)
On March 6, 1929, the United States attorney for the Western District of 
Missouri, 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 13 dozen bottles of Witmer's Coughine, remaining in the 
original unbroken packages at Kansas City, Mo., alleging that the article had 
been shipped by the National Drug Co., from Cardin, Okla., on or about Jan- 
uary 18, 1929, and transported from the State of Oklahoma into the State of 
Missouri, 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 small amounts of ammonium chloride, creosote, guaiacol, 
camphor, chloroform, a trace of alkaloids, sugar, and water.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing on the bottle and carton labels and in the accom- 
panying circular, 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:   (Bottle label)   "For
* * * Coughs, * * * Pneumonia, Bronchitis, Asthma, Consumption and 
Croup. * * * For adults, teaspoonful as needed; * * * Coughine;" 
(carton label) " For the relief of * * * Coughs, * * * Pneumonia, 
Bronchitis, Asthma, Consumption, and Croup. * * * For adults, teaspoon- 
ful as needed. * * * Coughine;" (circular) "For relief of * * * 
Coughs   *    *    *   Pneumonia,   Bronchitis,   Asthma,   Consumption  and   Croup
* *   *   Coughine."
On April 8, 1929, the National Drug Co., of Joplin, Mo., having appeared as 
claimant for the property and having executed a bond to insure relabeling of 
the product to conform with the requirements of this department, a decree was 
entered ordering that the product be released to the said claimant for the 
purpose of relabeling upon payment of costs.
ARTHUR M. HYDE, Secretary of Agriculture.