20150. Misbranding of lippincott's One Night roup remedy. U.S. v. 1.1 
Large Bottles, et al., of Lippincott's One Night Roup Remedy. 
Default   decree   of   condemnation   and   destruction.     (F.   &   D.   No,
28547.      Sample   Nos.   5714-A,   5715-A.)
Examination of the drug product involved in this action disclosed that the 
article contained no ingredient or combination of ingredients capable of pro- 
ducing certain curative and therapeutic effects claimed in the labeling.
On August 1, 1932, the United States attorney for the Southern District of 
Indiana, 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 condemnation of 11 large bottles and 22 small bottles of Lippincott's 
One Night roup remedy, remaining in the original unbroken packages at Muncie, 
Ind., alleging that the article had been shipped in interstate commerce on or 
about June 19,1932, by John W. Lippincott, from Newark, Ohio, to Muncie, Ind., 
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 of non-miscible liquids, the upper layer consisting essentially of kerosene 
and coal-tar products and the lower layer consisting essentially of cresol, soap, 
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: (Bottle label) "One Night Roup Remedy 
Has No Equal for Roup, Gapes, Canker, Chickenpox, Diarrhea. * * * Roup 
—Half teaspoonful of remedy put down fowl's throat. * * * If eyes are 
swollen bathe with remedy, bad cases morning and evening. * * * Pre- 
ventive, teaspoonful in water or bran. Gapes: One small drop in throat will 
destroy, or few drops in water will prevent. Canker: Small doses three or 
four times a day. Chickenpox: Apply full strength to sores. Diarrhea: Treat- 
ment for fowls, same as roup. For chicks, same as Gapes"; (carton) "One 
Night Roup Remedy That showing picture of sick chicken—" Get Me Lippin- 
cott's"]  Has No Equal for Roup, Gapes,  Cholera or  Canker   *    *   *   For
Roup, Gapes, Canker and Colds * * * Roup Remedy Quickly Effects and 
a Marvelous Remedy * * * Roup—Half teaspoonful of remedy put down 
fowl's throat. * * * If eyes are swollen bathe with remedy, bad cases 
morning and evening; * * * Preventative one tablespoon in water or bran 
for twenty fowls. Gapes—One small drop in throat will destroy, or three drops 
in water will prevent. Canker—Small doses three or four times a day. 
Chickenpox—Apply full strength to sores. Diarrhea—Treatment for fowls same 
as Roup.   For chicks, same as Gapes."
On October 29,1932, no claimant having appeared for the property, judgment 
of condemnation was entered and it was ordered by the court that the product 
be destroyed by the United States marshal.
R. G. TTJGWELL, Acting Secretary of Agriculture.