21532. Misbranding of French's "White Pine and Cherry Compound Cough
Syrup. U. S. v. 70 Bottles of French's White Pine and Cherry 
Compound Cousrh Syrup. Default decree of condemnation and 
destruction.     (F.  & D. no.  30773.    Sample no. 42174-A.)
Examination of the drug preparation involved in this case disclosed that it 
contained no ingredient or combination of ingredients capable of producing cer- 
tain curative and therapeutic effects claimed in the labeling. The article was 
labeled to convey the impression that it was composed of roots, barks, and herbs, 
whereas an inorganic drug, ammonium chloride, was an important ingredient.
On or about August 8, 1933, the United States attorney for the District of 
Montana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 70 bottles of French's 
White Pine and Cherry Compound Cough Syrup at Miles City, Mont., alleging 
that the article had been shipped in interstate commerce, on or about March 
15, 1932, by the Atlantic Sales Corporation, from Rochester, N.Y., and charg- 
ing 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 essentially of extracts of plant drugs including wild cherry and ipecac, 
ammonium chloride, menthol, alcohol, sugar, and water.
It was alleged in the libel that the article was misbranded in that the state- 
ments in the labeling, "French's White Pine and Cherry Compound Cough 
Syrup * * * A cough Syrup made from roots, barks and herbs * * * 
is prepared from barks and other vegetable drugs ", were misleading in view 
of the actual composition of the product, which included ammonium chloride 
as an ingredient. Misbranding was alleged for the further reason that the fol- 
lowing statements on the cartons and bottles, regarding the curative and thera- 
peutic effects of the article, were false and fraudulent: (Carton) "Recom- 
mended for Coughs, Hoarseness * * * Bronchial colds, Bronchitis, and In- 
flammation of the air passages * * * for coughs, hoarseness"; (bottle) 
" For Coughs, Bronchial Colds, Bronchitis, Croup and Hoarseness * * * 
Dose for Grown Persons * * * in severe cases * * * In Croup 
*    *    *    in severe cases."
On September 25, 1933, no claimant having appeared for the property, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.