18537. Misbranding of   555   Jarabe.     U.   S.   v.   27   Bottles   of   555   Jarabe. 
Default    decree    of    condemnation,   forfeiture,    and   destruction.
(F. & D. No. 26108.    I. S. No. 5767.    S. No. 4407.)
Examination of a drug product, known as 555 Jarabe, having shown that 
the circular contained statements representing that the said article possessed 
curative and therapeutic properties which it did not possess, the Secretary 
of Agriculture reported to the United States attorney for the district of Porto 
Rico, that a quantity of the product was being sold and offered for sale at 
San Juan, P. R.
On or about April 13, 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 27 bottles of the said 555 Jarabe at San Juan, P. R., 
alleging that the article was in possession of the Sociedad Cooperativa Farma- 
ceutica de Puerta Rico, San Juan, P. R., and was being sold and offered for sale 
in Porto Rico, 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 creosote, a calcium compound, sugar, and water.
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 were false and fraudulent, since it contained no ingredient or combi- 
nation of ingredients capable of producing the effects claimed: (Circular, 
translation from Spanish) " We recommend the use of ' 555' several days 
after the cough has ceased in order to insure a permanent cure. * * * for 
older or more serious affections we recommend the large-sized bottle * * * 
For cough in an advanced stage, such as chronic bronchitis and for the dry 
cough that remains after an attack of grippe or influenza * * * Calcium 
and Creosote act as reconstituents for weak persons and for persons susceptible 
to affections of the respiratory tract and tuberculosis. * * * Syrup '555' 
is an ideal   *    *    *    antiseptic and reconstituent for pulmonary affections."
On May 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.
AKTHUB M. HYDE, Secretary of Agriculture.