17634. Misbranding of Lung Saver. U. S. v. 12 Dozen Bottles of Lung 
Saver. Default decree of condemnation, forfeiture, and destruc- 
tion.    (F. & D. No. 24531.    I. S. No. 015744.    S. No. 2809.)
An examination of samples of a drug product known as Lung Saver, having 
shown that the labels bore claims of curative and therapeutic effects that 
it was incapable, of producing and that the labels failed to bear a correct 
statement of the quantity or proportion of chloroform contained in the article, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the District of Delaware.
On or about February 15, 1930, the said United States attorney filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 12 dozen bottles of Lung Saver, remaining in the 
original unbroken packages at Wilmington, Del., alleging that the article had 
been shipped by the Lung Saver Co., from Philadelphia, Pa., on or about Febru- 
ary 12, 1930, and had been transported from the State of Pennsylvania into 
the State of Delaware, 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 extracts of plant drugs including glycyrrhiza, chloroform 
(1.85 minims per fluid ounce), sugar, and water.
It was alleged in the libel that the article was misbranded in that the package 
failed to bear a statement on the label of the quantity or proportion of chloro- 
form contained in the said article, since the label declared 7 minims of chloro- 
form per fluid ounce, whereas anaylsis showed that but 1.86 minims per fluid 
ounce were present. Misbranding was alleged for the further reason that the 
following statements 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) "Lung 
Saver * * * The Lung Saver Co. * * * Lung Saver for Coughs * * * 
Bronchitis, Grippe, Tightness and Soreness on the Breast, Asthma. * * * 
Whooping Cough and Croup. * * * For Asthma and Bronchitis * * * 
To stop a cough at night * * * Lung Saver;" (individual carton) "Lung 
Saver, The Good Cough Syrup * * * Lung Saver Cough Syrup for * * * 
Croup, Coughs, Whooping Cough, Tightness and Soreness on the Breast, Asthma, 
Bronchitis, Grippe * * * The Lung Saver Co.;" (wholesale carton) "Lung 
Saver.   The Good Cough Syrup, The Lung Saver Co."
On June 30, 1930, 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.
ARTHTJE M. HYDE, Secretary of Agriculture.