17873. Misbranding of Marshall's prepared cubeb  dgrarettes.    IT.  S. v. 45
Dozen Small-Sized and 4 Dozen Large-Sized Packages of Marshall's 
Prepared Cnbeb Cigarettes. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 25239. I. S. No. 214. S. No. 
3518.)
Examination of, Marshall's prepared cubeb cigarettes from the herein-de- 
scribed interstate shipment having shown that the labels bore claims of curative 
and therapeutic properties that the article did not possess, the Secretary of 
Agriculture reported the matter to the United States attorney for the Northern 
District of California.
On November 1, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and <:oTi- 
demnation of 45 dozen small-sized and 4 dozen large-sized packages of Mar- 
shall's prepared cubeb cigarettes, remaining in the original unbroken packages 
at San Francisco, Calif., consigned by James B. Horner (Inc.), New York, 
N. Y., alleging that the article had been shipped from New York, N. Y., on or 
about August 30, 1930, and transported from the State of New York into the 
State of California, and charging misbranding in violation of the food and 
drugs act as amended.
Examination of a sample of the article by this department showed that it 
consisted essentially of powdered stem and fruit tissue of cubeb.
It was? alleged, in the libel that the article was misbranded in that the fol- 
lowing statements regardiaig its curative and therapeutic effects, appearing in 
the,labeling; were false and fraudulent, since the said article)contained no 
ingredient or combination of ingredients capable of producing the effects 
claimed: (Small carton) "For Catarrh, Hay Fever, * * ,,* Headache, 
Asthma, Diseases of the Throat &e, &c. * * - * For all Throat Diseases, 
Asthma, Bronchitis, etcv inhale the smoke, taking it into the lungs; and 
immediate relief will follow. * * * For Catarrhal Headache they are 
without a rival;" (circular in small package) "A Remedy for Catarrh * * * 
Asthma, Hay Fever; All diseases of the Throat, Foul Breath, etc.;" (large 
carton) "For Catarrh, Hay Fever * * * Asthma, all Diseases of the 
Throat, Foul Breath, &c. * * * For Catarrh, Hay Fever,., * * * and 
other Nasal Diseases, * * * If the nose is stopped up so that it is almost 
impossible to > breathe, one or two cigarettes will make the head as clear as 
a bell. For all Throat Diseases, Asthma, &c, inhale the smoke or swallow it, 
or both, and immediate relief will follow. It is an efficient remedy for Offensive 
Breath, and will make the most foul breath pure and sweet;" (circular in 
large package) "A Bemedy for Catarrh * * * Asthma, Hay Fever; All 
Diseases of the Throat; Foul Breath."
On December 12, 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.
AETHtrE M. HYDE, Secretary of Agriculture.