18197. Misbranding of  Brater's   asthma powder.    TJ.   S.  v.   11   Larg-e-Sized
Packages, et al., of Brater's Asthma Powder. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. No. 26199. I. S. 
Nos. 27966, 27967, 29901, 29902, 29903.    S. No. 4405.)
Examination of a drug product, known as Brater's asthma powder, having 
shown that the labels of the tin container and carton, and the accompanying 
circular bore statements representing that the article possessed curative and 
therapeutic properties which it did not, the following interstate shipments of 
a quantity of the product, located at Philadelphia, Pa., were reported to the 
United States attorney for the Eastern District of Pennsylvania.
On April 1, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 11 large-sized, 2 dozen medium-sized, and 6 dozen small-sized packages 
of Brater's asthma powder, remaining in the original unbroken packages at 
Philadelphia, Pa., consigned by John K. Brater, New York, N. Y., alleging that 
the article had been shipped from New York, N. Y., in part on or about February 
16, 1931, and in part on or about March 16, 1931, and had been transported from 
the State of New York into the State of Pennsylvania, and charging misbrand- 
ing in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that the prod- 
uct consisted of ground stramonium leaves impregnated with potassium nitrate.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding the curative or therapeutic effects of the said 
article, appearing in the labeling, were false and fraudulent, since the article 
contained no ingredient or combination of ingredients capable of producing 
the effects claimed : (Tin container and carton) "Asthma Powder. * * * por 
As+hma, Hay Fever, Bronchitis and all diseases of the Throat and Lungs which 
affect the breathing;" (circular) "Asthma Powder * * * The Powder for 
burning is intended for immediate relief in Asthma."
On April 20, 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.
ABTHUB M. HYDE, Secretary of Agriculture.