21523. Misbranding of Penslar Sore Throat Gargle and Penslar Children's 
Cough. Syrup. IT. S. v. 48 Large Packages of Penslar Sore Throat 
Gargle, et al.    Default decrees of condemnation and destruction.
(F.  & D. nos.  30858, 30859.    Sample nos.  30370-A.  30371-A.)
Examination of the drug preparations involved in these cases disclosed that 
they contained no ingredients or combinations of ingredients capable of pro- 
ducing certain curative and therapeutic effects claimed in the labeling.
On August 7, 1933, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme Court 
of the District of Columbia, holding a district court, libels praying seizure and 
condemnation of 72 large and small packages of Penslar Sore Throat Gargle, 
and 60 large and small packages of Penslar Children's Cough Syrup at Wash- 
ington, D.C., alleging that the articles were in possession of the Peoples Drug 
Stores, Washington, D.C., and were being offered for sale in the District of 
Columbia, and charging misbranding in violation of the Food, and Drugs Act as 
amended.
Analyses of samples of the articles by this Department showed that the 
Penslar Sore Throat Gargle consisted essentially of potassium chlorate, ferric 
chloride, glycerin, alcohol, and water; and that the Penslar Children's Cough 
Syrup consisted essentially of extracts of plant drugs, including ipecac, flavoring 
materials, alcohol, sugar, and water. .
It was alleged in the libels that the articles were misbranded in that the 
following statements appearing in the labeling, regarding the curative and 
therapeutic effects of the articles, were false and fraudulent: (Penslar Sore 
Throat Gargle, carton)   " Sore Throat   *    *    *   For Inflamed  Sore Throat,
Hoarseness, Tonsilitis and other Irritation of the Mouth and Throat. * * * 
Sore Throat [similar statements in foreign languages]" (bottle) " Sore 
Throat"; (circular) " Sore Throat * * * Employed for relief of irrita- 
tion of the mucous membrane of the throat and larynx, usually characterized 
as ' Sore Throat.' * * * Sore Throat"; (Penslar Children's Cough Syrup, 
carton) " Cough Syrup * * * A Reliable Remedy For Coughs * * * 
Bronchitis, Hoarseness and other Symptoms of Bronchial or Laryngeal irrita- 
tion * * * Cough Syrup [similar statements in foreign languages] "; (bot- 
tle) " Cough Syrup * * * A reliable remedy for Coughs * * * Bron- 
chitis, Hoarseness, and other symptoms of Bronchial or Laryngeal irritation." 
On October 18, 1933, no claimant having appeared for the property, judgments 
of condemnation were entered and it was ordered by the court that the products 
be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.