20595. Misbranding of  compound  syrup   of  told.     17.   S.  v.   132  Bottles  of
Compound  Syrup of Toln.    Default  decree of condemnation, for' 
feitnre, and destruction.     (F. & D. no. 29947.    Sample no. 7861-A.)
Examination of the drug preparation, compound syrup of tolu, disclosed that 
it contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed on the bottle and carton labels \ 
also that the article contained alcohol and that the label failed to declare the 
presence of the alcohol.
On March 20, 1933, the United States attorney for the District of Puerto 
Rico, acting upon a report by the Secretary of Agriculture, filed in the district 
court of the United States a libel praying seizure and condemnation of 132 
bottles of the said compound syrup of tolu, that was being offered for sale at 
San Juan, P.R., alleging that the article was in possession of Serra, Garabis 
& Co., Inc., San Juan, P.R., and that it was misbranded in violation of the Food 
and Drugs Act as amended. The article was labeled in part: (Translation 
from Spanish) "Compound Syrup of Tolu * * * The Flar Medicine Co. 
Porto Rico."
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of tolu, sodium benzoate, alcohol (1.4 percent), sugar, and 
water.
It was alleged in the libel that the article was misbranded in that the package 
failed to bear a statement on the label of the quantity or proportion of alcohol 
contained in the article. Misbranding was alleged for the further reason that 
the following statements regarding its curative or therapeutic effects were 
false and fraudulent: (Bottle) "Indicated in the Sub-Acute and Chronic 
Inflammations of the Respiratory Tract. Stimulant"; (carton) "For the 
Treatment of the Respiratory Tract."
On April 6, 1933, 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.
R. G. TOGWEIX, Acting Secretary of Agriculture.