18747. Misbranding of Brown's bronchial troches.    IT. S. v. 54 7-12 Dozen  
Packages, et al., of Brown's Bronchial Troches.    Default decree 
of condemnation, forfeiture, and destruction.     (F. & D. No. 26851.
I. S. No. 34126.    S. No. 5032.)
Examination of a drug product, known as Brown's bronchial troches, from the 
shipment herein described having shown that the Carton and wrapper labels 
and the accompanying circular bore statements representing that the article^ 
possessed curative and therapeutic properties which, in fact, it did not possess, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Eastern District of New York.
On August 10, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 54 A dozen 35-cent and 32% dozen 15-cent packages of Brown's - 
bronchial troches, remaining in the original packages at Brooklyn, N. Y., alleg- 
ing that the article had been shipped by John I. Brown & Son, Boston, Mass., 
on or about February 28, 1931, and had been transported from the State of 
Massachusetts into the State of New York, and charging misbranding in viola- 
tion of the food and drugs act as amended.
Analysis of a sample of Brown's bronchial troches by this department showed 
that it consisted essentially of extracts of licorice and cubeb, sugar, starch, and 
a gum, such as acacia.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative or therapeutic effects of the said article, 
appearing in the labeling, were false and fraudulent, since it contained no- 
ingredient or combination of ingredients capable of producing the effects 
claimed: (Carton) "Bronchial * * * for the alleviation of Brqpchitis, 
Hoarseness, Coughs, Asthma, * * * Catarrh * * * strengthening the 
voice. * * * For the Cough of Bronchitis, Asthma, &c.;" (wrapper) " Bron- 
chial * * * for the alleviation of Bronchitis, Hoarseness, Coughs, Asthma, 
* * * Catarrh * * * For the Cough of Bronchitis, Asthma, &c.;" (cir- 
cular) " Relieving throat troubles. Allay irritation of the throat induced by 
the coughing-spells incident to Bronchitis, Asthma, and affections of the lungs, 
giving grateful relief;" (circular, in French) "Bronchitis, Cough, Whooping 
Cough, Hoarseness, Asthma, * * * Catarrh, Grippe and otiier affections of 
the throat and lungs. * * * diseases of the throat and lungs;" (circular, 
in Spanish) "All kinds of Coughs, inflammatons of the Throat, diseases of the- 
bronchi of the lungs."   (Similar statements in other foreign languages.)
On September 22, 1931, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHTJE M. HTDE, Secretary of Agriculture.