17912. Adulteration and Misbranding of syrup- of tar with extract of cod
livers and menthol. TJ. S-. v. 2S4 Bottles of Syrup of Tar with 
Extract of Cod Livers and Menthol. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 25556. I. S. Nos. 15649s, 
15650.,. S. No. 3803.)
Examination of samples of a drug product, known as syrup of tar with 
extract of cod livers and menthol, having shown that the labels bore claims 
of curative and therapeutic properties that the article did not possess, and that
it failed to contain the characteristic vitamins of cod livers, the Secretary of 
Agriculture reported to the United States attorney for the District of New 
Jersey the herein-described shipments of a quantity of the product located in 
Camden, N. J.
On December 27, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 284 bottles of syrup of tar with extract of cod livers and 
menthol, remaining in the original unbroken packages at Camden, N. J., al- 
leging that the article had been shipped by Shoemaker & Busch (Inc.), from 
Philadelphia, Pa., in part on or about November 11, 1930, and in part on or 
about December 10, 1930, and had been transported from the State of Penn- 
sylvania into the State of New Jersey, and charging adulteration and mis- 
branding 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 proportions of tar, menthol and chloroform, alcohol, 
sugar, and water. Biological examination showed that the article did not 
contain the vitamins found in cod livers.
It was alleged in the libel that the article was adulterated in that it was 
sold under the following standard of strength and quality, "Extract of Cod 
Livers," whereas its strength and quality fell below such professed standard, 
in that it contained no extract of cod livers.
?Misbranding was alleged for the reason that the design of a cod fish, and the 
statement " Extract of Cod Livers," appearing on the labels, were false and 
misleading. Misbranding was alleged for the further reason that the follow- 
ing statements appearing on the wrapper and bottle labels, regarding the 
curative or therapeutic effects of the article, were false and fraudulent, since 
the article contained no ingredient or combination of ingredients capable of 
producing the effects claimed: (Wrapper, both shipments) "Catarrh, Coughs, 
Bronchitis, Whooping Cough, * * * useful in the relief of certain Pul- 
monary diseases. * * * Bronchitis and Coughs of all kinds. It is also 
useful in certain conditions of Croup, Asthma and Whooping Cough;" (bottle 
label, shipment of December 10, 1930) " Coughing & Hoarseness Useful as a 
Oargle;" (bottle label, shipment of November 11, 1930) "Catarrh, Coughs, 
Bronchitis and certain conditions of Asthma, Croup and Whooping Cough. 
* * * For Coughs, Bronchitis and all Throat Irritations, use this mixture 
as a gargle * * * Weak children subject to cough should take a dose 
every night during cold and raw weather. This Syrup Is Suggested for the 
Relief of Various Throat Troubles. Croups, Diphtheria and Scarlet Fever 
usually begin with sore throat. In such cases this syrup may be of benefit to 
the symptoms."
On January 27, 1931, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
<:ourt that the product be destroyed by the United States marshal.
ARTHUR M. HTDE, Secretary of Agriculture.