21580. Misbranding of Dr. M. Herniance's Asthma and Hay Fever Medicine. 
U. S. v. 32 Bottles of Dr. M. Herniance's Asthma and Hay Fever 
Medicine.      Default decree of condemnation and destruction.     (F.
& D. no. 27700.    I. S. no. 21537.    S. no. 5780.)
Examination of the drug preparation involved in this case disclosed that the 
article contained no ingredient or combination of ingredients capable of produc- 
ing certain curative and therapeutic effects claimed on the bottle and carton 
labels and in a circular shipped with the article.
On February 10, 1932, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 32 bottles of Dr. M. 
Hermance's Asthma and Hay Fever Medicine at Los Angeles, Calif., alleging 
that the article had been shipped in interstate commerce on or about November 
21, 1931, by Claude A. Bell, from Lowell, Mass., 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 essentially of potassium iodide, extracts of plant drugs, including licorice 
and lobelia, alcohol, and water.
It was alleged in the libel that the article was misbranded in that the 
following statements regarding the curative and therapeutic effects of the 
article were false and fraudulent: (Bottle label) "Asthma * * * And Hay 
Fever Medicine", (on design of bell) "* * * Asthma Medicine * * * 
Used in Asthma and Hay Fever. This medicine should be taken in doses 
sufficiently large to arrest the paroxysm and help the person to breathe more 
freely * * * Hay Fever—One half to one teaspoonful four times a day. 
For best results, the treatment should be started six weeks before Hay Fever 
period. ' * * * helpful in catarrhal conditions * * * It cuts the phlegm 
and helps to clear the bronchial tubes.' Directions Dose for Adult—For 
Asthma first two days, one-half teaspoonful, four times a day after meals, 
and on retiring; then increase dose to one teaspoonful, four times a day. If 
you have a bad attack, take the medicine every twenty minutes, increasing 
each dose. * * * Use * * * Asthma & Hay Fever Medicine as directed 
other wise the good effects of a food medicine may be lost", (carton) "Asthma 
and Hay Fever Medicine", (on design of bell) "Asthma Medicine These dis- 
tressing ailments, have in this prescription a prompt and effective remedy for 
relief. * * * Brings Quick Relief To Sufferers From Asthma and Hay 
Fever This Medicine is a Body Builder Also Used For Catarrhal, Bronchial 
and Heart Trouble With Best Of Results Good For The Whole Family For 
Coughs * * * And All Bronchial Troubles", (circular) "That Terrible 
Disease Asthma * * * Asthma and Hay Fever Medicine A medical com- 
pound which, when properly and perseveringly used, has been found helpful in 
the treatment of Asthma and Hay Fever. As these disorders are of a persist- 
ent nature, a person suffering from them must be equally persistent. * * * 
Directions Dose for Adult—For Asthma, first two days, one-half teaspoonful, 
four times day, after meals, and on retiring, then increase the dose to one 
teaspoonful, four times a day. If you have a bad attack take the medicine every 
twenty minutes, increasing each dose up to two teaspoonfuls. Until relieved ", 
(design on bell bearing the words "Asthma Medicine") "Hay Fever—One-half 
to one teaspoonful four times a day. You should start treatment six weeks 
before period. For Catarrhal Conditions * * * This medicine should be 
taken in doses sufficiently large to arrest the paroxysm and help the person to 
breathe more freely. * * * ' This medicine has been found helpful in 
Catarrhal  Conditions    *    *    *   It cuts the phlegm  and helps to clear  the
Bronchial tubes.' Use Hermance's Asthma & Hay Fever Medicine as directed, 
otherwise the good effects of a good medicine may be lost." (Similar state- 
ments made in foreign languages.)
On March 25, 1932, Claude A. Bell, Lowell, Mass., appeared as owner and 
claimant and filed an answer denying the misbranding charge. On September 
15, 1933, the claim and answer were withdrawn, and judgment was entered by 
the court condemning the product and ordering its destruction.
M. L. WILSON, Acting Secretary of Agriculture.