20583. Misbranding of Moses* Herb Expectorant and Moses' Herb Discovery. 
U.S.  v.  Moses  Remedy  Co.     Plea   of  guilty.    Fine, 910  and   costs.
(F. & D. no. 27537.    I.S. nos. 15921, 15922, 15966.)
Examination of the drug preparations, Moses' Herb Expectorant and Moses' 
Herb Discovery, disclosed that the articles contained no ingredients or com- 
binations of ingredients capable of producing certain curative and therapeutic 
effects claimed in the labeling. The Moses' Herb Discovery contained less 
alcohol than declared on the label.
On July 11, 1932, the United States attorney for the Western District of Vir- 
ginia, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid an information against the 
Moses Remedy Co., a corporation, Cambria, Va., alleging shipment by the said 
company in violation of the Food and Drugs Act as amended, from the State 
of Virginia into the State of North Carolina on or about June 15, 1931, of quan- 
tities of Moses' Herb Expectorant and Moses' Herb Discovery, and on or about 
August 21, 1931, of a quantity of Moses' Herb Discovery, which said articles 
were misbranded.
Analyses of samples of the articles by this Department showed that Moses' 
Herb Expectorant consisted essentially of extracts of plant drugs, including 
horehound and wild cherry, sugar, and water; and Moses' Herb Discovery 
consisted essentially of extracts of plant drugs, alcohol (7.2 percent by volume), 
sugar, and water.
Misbranding of Moses' Herb Expectorant was alleged in the information for 
the reason that certain statements, designs, and devices regarding the curative 
and therapeutic effects of the article, appearing on the bottle and carton labels, 
falsely and fraudulently represented that it was effective as a treatment, 
remedy, and cure for coughs, croup, asthma, and bronchitis; and effective, when 
taken in connection with Moses' Herb Discovery, as a relief for tuberculosis. 
Misbranding of Moses' Herb Discovery was alleged for the reason that certain 
statements, designs, and devices regarding its curative and therapeutic effects, 
appearing on the bottle and carton labels, falsely and fraudulently represented 
that it was effective to remove diseases of the blood and to rouse the torpid 
liver to action; effective as a remedy for the diseases of women, effective as a 
remedy for croup, asthma, coughs, bronchial trouble, tuberculosis, and all dis- 
eases of the throat, chest, and lungs, effective to build up a run-down system 
and to make the sick well by eliminating all poisonous waste, toning up the 
liver and clearing the intestines of unused food wastes; and effective when 
taken in connection with Moses' Herb Expectorant as a relief for tuberculosis, 
coughs, bronchial troubles, and throat diseases. Misbranding of Moses' Herb 
Discovery was alleged for the further reason that the statement, " Not over
16% alcohol", borne on the carton and bottle labels, was false and misleading; 
for the further reason that the article contained alcohol and the label failed 
to bear a statement of the quantity or proportion of alcohol contained therein, 
the article containing less than the 16 percent of alcohol declared, the two lots 
containing 7.2 percent and 6.8 percent of alcohol, respectively.
On January 3, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $10 and costs.
R. G. TUGWELL, Acting Secretary of Agriculture.