17926. Misbranding of Vial's phenic syrup. U. S. v. 2 Dozen Bottles of Vial'w 
Phenic Syrup. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 25660.    I. S. No. 5736.    S. No. 3942.)
Examination of samples of a drug product, known as Vial's phenic syrup, 
from- the herein-described shipment having shown that, the labels bore claims 
of curatire and therapeutic properties which the article did not possess, and 
that it was represented to be an antiseptic, whereas it was not, the Secretary 
of Agriculture reported the matter to the United States attorney for the District 
?f Porto Rico.
On or about January 13, 1931, the United States attorney for the District of 
Porto Bico filed in the District Court of the United States for the district 
aforesaid a libel praying seizure and condemnation of two dozen bottles of 
Vial's phenic syrup, alleging that the article had been shipped by Charles L. 
Huisking & Co., New York, N. Y., on or about November 14, 1930, to San Juan, 
P. B., and was being sold and offered for sale in Porto Rico, by J. M. Blanco 
(Inc.), San Juan, P. B., 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 phenol, morphine hydrochloride (0.072 grain per fluid 
ounce), sugar, and water.
It was alleged in the libel that the article was misbranded in that the state- 
ments appearing in the circular accompanying the said article, " By Its Anti- 
septic Properties" and "The Antiseptic Properties of this Syrup," were false 
and misleading, since the article was not antiseptic. Misbranding was alleged 
for the further reason that the following statements appearing on the bottle 
label and wrapper and in the accompanying circular were false and fraudu- 
lent, since the article contained no ingredient or combination of ingredients 
capable of producing the effects claimed: (Bottle label and wrapper) "Vial's 
Syrup is indicated in the treatment of Bronchial Affections, Catarrh, Asthma,
* * * Influenza, Whooping Cough, Hoarseness, Loss of Voice, etc. [similar 
statements in French] ;" (circular in English) " Vial's Compound Phenique 
Syrup.   Indicated in the treatment of Bronchial Affections, Catarrh, Asthma
* * * Influenza, Whooping Cough, Hoarseness, Loss of Voice, Etc. Phenique 
Acid is one of the active principles of tar so long employed for chest diseases,
* * * It rapidly reduces the excess in the secretions of the respiratory 
organs and renders them sterile * * * by its antiseptic properties speedily 
tends to remove that offensive taste and odor occasioned by the mucous secre- 
tions which have remained for a time in the large bronchial tubes or their rami- 
fications, and more especially in the pulmonary caverns of consumptive patients.
* * * valuable in catarrhal affections generally, but particularly in those of 
the bronchial tubes. The antiseptic properties of this Syrup place it in the first 
rank in acute Bronchitis, Asthma, * * * Influenza, granulation in the 
Throat, Hoarseness, and affection of the Voice, etc. The effect is as efficacious 
as it is rapid.   *    *   *    [in circular translated from Spanish]  Phenic Acid
* * * so long employed for diseases of the chest. * * * The property of 
coagulating the blood that this Syrup possesses renders it very valuable for 
diseases of the chest, with or without blood sputums, and in all kinds of hemor- 
rhages, either to avoid or to alleviate them when they exist; it also possesses 
the property of reducing with rapidity, the abundant secretions of the respira- 
tory organs; * * * for catarrh affections in general, and particularly for 
those of the bronchi.   Its action is such in cases of acute bronchitis, asthma,
* * * catarrhs, granulations of the throat, hoarseness and in all affections of 
the voice, etc. * * * If we recall that the emanations of gas factories have 
been recommended for children suffering from whooping cough, and knowing 
that these emanations contain a large quantity of Phenic Acid, it will be clearly 
understood why Phenic Syrup is prescribed to combat this long and painful 
disease, in which it effectively produces the best of results. It is employed in 
all these affections by taking a dose of three tablespoonfuls a day."
On February 5, 1931, 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.
ARTHUB M. HTDE, Secretary of Agriculture.