17943. Misbranding of Vial's phenic syrup. V. S. v? 25 Bottles of Vial's 
Phenic Syrnp. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 25574.    I. S. No. 5727.     S. No. 3827.)
Examination of samples of a drug product, known as Vial's phenic syrup, 
from the herein-described shipment having shown that the labels represented 
it to possess certain curative and therapeutic properties which in fact it 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 of Porto Rico.
On January 9, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and \ 
condemnation of 25 bottles of
, Vial's phenic syrup at Aguadilla, P. R., alleging 
that the article had been shipped by E. Fougera & Co., New York, N. Y., to 
Porto Rico, on or about October 3, 1930, and that it was being sold and offered 
for sale by Jose Ferrari, Aguadilla, P. R., and charging misbranding in viola- 
tion 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 (0,02 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 article, namely, " By its 
antiseptic properties" and " The antiseptic properties of this Syrup," were 
false and misleading, since the said 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 circular, regarding the curative or thera- 
peutic effects of the article, were false and fraudulent, since it contained no 
ingredient or combination of ingredients capable of producing the effects 
claimed: (Bottle 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, 
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 secretions which have remained for a 
time in the large bronchial tubes or their ramifications, and more especially in 
the pulmonary caverns of consumptive patients. * * * valuable in catarrh' 
affections generally, but particularly in those of the bronchial tubes. The anti- 
septic 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; " (circular, 
translation from Spanish) "Phenic Acid * * * so long employed for dis- 
eases of the chest.    *    *    *   The property of coagulating the blood that this
syrup possesses renders it very valuable for diseases of the chest,' with or with-* 
out blood sputums, and in all kinds of hemorrhages,' either sto'avo|d or to 
alleviate them when they exist; it also possesses the property" .of reducing with 
rapidity,  the abundant secretions of the respiratory organs; -*''*?*   for 
catarrhal affections in general, and particularly for those.pf the bronchi.   Its 
action is such in cases of acute bronchitis, asthma   *   *   '*   'catarrhs, gralnuV 
lations in the throat, hoarseness and in all affections of the voice, etc:   *    *
'  *?;. 
If we recall that the emanations of gas factories have been recommended for1 
children suffering from whooping cough, and knowing that these emanations/ 
contain a large quantity of Phenic.Aeid, it will be clearly understood why' 
Phenic Acid 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 4, 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.
ABTHITB M. HYDE, Secretary of Agriculture.