18682. Misbranding of Cocil-Cod.    IT.  S.  v.  7 Dozen  Bottles  of  Cocil-Cod. 
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 26254.    I. S. No. 5770.    S. No. 4546.)
The drug product Cocil-Cod was represented to contain the therapeutic prin- 
ciples of cod-liver oil and to possess certain other curative and therapeutic 
properties. Examination showed that it did not contain the principles of 
cod-liver oil and did not possess certain curative and therapeutic properties 
claimed for it on the bottle and carton labels.
On April 28, 1931, the United States attorney for the District of Porto Rico, 
acting upon a report by the Secretary of Agriculture, filed in the District Court
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of seven dozen bottles of Cocil-Cod at San Juan, P. R? alleging that 
the article was in possession of Serra, Garabis & Co. (Inc.), San Juan, P. 
E., and was being sold and offered for sale in Porto Eico, and charging 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 
consisted essentially of extracts of plant drugs including eucalyptus, a small 
proportion of menthol, a trace of chloroform, alcohol (7.7 per cent by volume), 
sugar, and water.   It contained no cdd-liver oil nor cod-liver-oil extract.
It was alleged in the libel that the article was misbranded in that the name 
" Cocil-Cod," appearing on the earton and bottle label, and the statement on 
the carton, " Extract of Cod Liver," were false and misleading, since they gave 
the impression that the' article contained the therapeutic principles of cod- 
liver oil. Misbranding was alleged for the further reason that the following 
statements on the labeling, regarding the curative or therapeutic effects of the 
article, were false and fraudulent; since the said article contained no ingredient 
or combination of ingredients capable of producing the effects claimed: (Bottle, 
translation from Spanish) " For treating cough * * * and la grippe; " (car- 
ton, translation from Spanish) "It strengths the patient's resistance, mean- 
while its expectorant action loosens and stops the cough or the catarrh. It 
is recommended for obstinate cough and catarrh. For tenacious catarrh. * * * 
Catarrh, Cough, Influenza, and La Grippe."
On June 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.
ABTHUB M. HYDE, Secretary of Agriculture.