21783. Misbranding of Hart's Swedish Asthma and Hay Fever Medicine. 
To. S. v. 22 Bottles of Hart's Swedish Asthma and Hay Fever 
Medicine.     Default   decree   of   condemnation   and   destruction.
(F. & D. no. 31283.    Sample no. 40273-A.)
Examination of the drug preparation involved in this case disclosed that 
it contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling. The article 
was represented to contain 4 percent of alcohol, whereas analysis showed that 
it contained no alcohol.
On October 27, 1933, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 22 bottles of 
Hart's Swedish Asthma and Hay Fever Medicine at Pittsburgh, Pa., alleging 
that the article had been shipped in interstate commerce on or about July 28, 
1933, by Hart's Swedish Asthma Medicine Co., from Buffalo, 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 potassium iodide (12 grams per 100 milliliters), glycerin, 
coloring, and flavoring.
It was alleged in the libel that the article was misbranded in that the state- 
ment on the bottle label and wrapper, " Pure Grain Alcohol 4 per cent", was 
false and misleading, since the article contained no alcohol. Misbranding was 
alleged for the further reason that the following statements regarding the 
curative and therapeutic effects of the article were false and fraudulent: 
<Bottle and wrapper labels) " Swedish Asthma and Hay Fever Medicine * * * 
Directions Adults. One teaspoonful in quarter of glass of water, after each 
meal, in severe cases on retiring.   Children.   Under twelve, three quarters of
teaspoonful in quarter glass of water, after each meal * * * Do not wait 
until you have a spasmodic attack to take this medicine; it is to keep you 
from having those spasmodic attacks "; (white circular) " Swedish Asthma 
Medicine   *    *    *    Swedish Asthma Cure   *    *    *    Asthma and Hay Fever
* * * Swedish Asthma and Hay Fever Medicine * * * For Asthma 
Bronchial Trouble and Hay Fever * * * Swedish Asthma Cure * * * 
Asthma * * * Hart's Swedish Asthma Medicine * * * for asthma and 
hay fever * * * A Swedish practitioner, having had the asthma for thirty 
years, and after trying every known remedy without success, commenced to 
experiment on himself for the treatment of this dreaded disease. After experi- 
menting for eleven months, he was successful in relieving himself of the 
Asthma. We are now putting this preparation of careful study and experience 
before the people afflicted with this dreaded disease. Hart's Swedish Asthma 
and Hay Fever Medicine is a preparation, carefully compounded * * * and 
stands to-day without a peer in the treatment of all cases of Asthma. * * * 
and can be administered indefinitely to the weakest stomach without creating 
a repugnance to its use. High above fame and wealth stands the spirit of 
devotion to duty in the preservation of your health, by relieving yourself of 
a disease which will eventually wear you out. Hart's Swedish Asthma and 
Hay Fever Medicine is easy to take, and there are but two directions to follow 
while taking our medicine: Avoid the use of milk as a beverage. When re- 
tiring at night lie on the back, for in this position the lungs and heart easily 
perform their functions. No matter how many doctors you may have tried— 
no matter how much money you may have spent on other medicines, you 
really owe it to yourself to give Hart's Swedish Asthma and Hay Fever Medi- 
cine a trial. Its stanchest friends to-day are those who had almost given up 
hope of ever becoming well. Read The Following Testimonials and ask your 
Druggist for Hart's Swedish Asthma and Hay Fever Medicine. If he will not 
supply you, we will. Hart's Swedish Asthma Cure Co. * * * [testimonials] 
'I have tried a sample bottle of your cure, and it has done me a world of 
good. I have had the asthma for 20 years and when I take your medicine I 
do not have it." * * * ' I have taken half a bottle of Hart's Swedish Asthma 
Cure, and it has helped me more than any asthma medicine I have taken in 
six years. It has stopped a very bad cough. I would cough from the time 
I went to bed till I got up the next morning * * *. Now I can lay down 
and rest nights without coughing any.    Everyone says I  am looking fine.
* * * I am gaining flesh every day.' * * * ' I received the free sample 
of " Hart's Swedish Asthma Cure." I feel very thankful to you and Mr. 
Griffen for sending my name and free sample. I have tried all the town doc- 
tors and so many kinds of so-called cures, which only gave me temporary 
relief. I gave up all hopes of being cured until I tried your sample, and found 
great relief. I have suffered for nine years. I didn't know what it was to 
leave the window winter or summer, to lay down and rest day or night.
* * * I know your remedy is the best for asthma yet discovered.' * * * 
' One week ago today, Mr. Adams came to my house and stated that he was 
entirely cured from the asthma through the use of your wonderful Hart's 
Swedish Asthma Cure. He said he had used three (3) bottles of it. My wife 
is a great sufferer of the asthma over half of her life, fall, summer and 
winter. She has just had a five (5) weeks' siege and there is still no let up. 
Will you please send me a bottle, and if it has the same effect on her as it 
did on Mr. Adams, it will be a relief to her and the household. I never saw 
Mr. Adams look so well and breathe so clear in years as he does now. Please 
give me prices and size of bottle that you intend to sell to the sufferers of 
this horrible disease.' * * * ' I have taken one bottle of Hart's Swedish 
Asthma Cure, from Mr. S. L. Kenny, at Laurel, and feel very much relieved.'
* * * ' I received the free sample of Hart's Swedish Asthma Cure. I feel 
very thankful to Mr. Preuss for sending my name, also to you for sending 
the free sample, for otherwise I probably would never have tried it, for I 
never heard of it before. I have tried so many kinds of so-called cures, which 
were only remedies giving temporary relief, and some of them scarcely that. 
I had long since made up my mind that there was really no cure for asthma, 
especially in cases like mine where one has suffered with it since infancy 
(my father before me having had it all his life), and now I am nearly 48 
years old. I was free from it for about two years after I came to this coast 
but it came upon me again. It was with meager faith I began the new medi- 
cine.   It did not do me any good until I had taken it for a week or more, then
I saw that I was improving, and now while I am using the last of the sample 
bottle, I feel better than I ever expected to be, and I believe that it will cure 
me if I keep using it.'   *   *   *   ' It came in good time and in good condition.
* * * I do not have any symptoms of asthma either in the day or night. 
This seems increditable and yet it is true. Hart's Swedish Asthma Cure is 
wonderful in its effects on the system. I wish I could tell every sufferer of 
asthma just what it has done for me.' * * * ' Having been a sufferer from 
asthma for nearly fifty years, and like all others who are afflicted with this 
distressing complaint, I have tried numerous asthma remedies with only 
temporary relief. At last I procured a bottle of Hart's Swedish Asthma Cure, 
which relieved me very quickly. Since taking it my health has greatly im- 
proved, and that without any ill effect from the medicine, which I consider 
perfectly harmless. From my own experience, I feel that I can safely recom- 
mend it to the most delicate constitution. I consider it the best remedy for 
asthma yet discovered.' * * * ' I can say that Hart's Swedish Asthma Cure, 
sent me, has perfectly cured me, and that I can go out in any kind of weather. 
Hart's Swedish Asthma Cure is the best thing that I ever took for the asthma '
* * * 'The three bottles of Hart's Asthma Cure sent me by you, for my 
little daughter, Fredrica, I am glad to say, have entirely cured her of the 
asthma and bronchial trouble she has had for seven years. We had about 
made up our minds she would be a confirmed invalid, as we had placed her 
under the care of several of the best physicians, both of Chicago and Mil- 
waukee, and none were able to cure her—only give relief. The last physician 
said it was the worst case of asthma he had seen.' * * * 'Tours of the 
12th to hand, and am glad to give you my testimonial in regards to your 
Hart's Swedish Asthma Cure. I have had asthma for 22 years, and a bad 
case. I have suffered terribly and lost all hopes of being cured, but can say 
with joy that I am on a good foundation for it now. I am a walking skeleton 
six weeks ago. When I sent to you for a bottle of your Hart's Swedish Asthma 
Medicine, I weighed 109 pounds, and was so weak I could do no hard work 
and had no rest at night. I had to get out of bed four or five times a night 
and smoke some asthma powder. In four days after commencing the use of 
your medicine I did not have to get up any more, and I haven't had to get up 
since, and I have got my second bottle from Mr. Ned Howard, Wooster, and 
today I can say that I have had no bad spells. I can lie down at nine and 
sleep until seven in the morning, and get up feeling good. I weigh 126 pounds; 
more than I ever weighed in ten years. I feel ten years younger than I did 
six weeks ago. * * * I sent your address to * * * a sufferer of 
asthma.' * * * 'About a year ago a friend of mine mentioned your Asthma 
Cure to me. Having had asthma for nearly thirty years and having tried 
nearly everything that could be found with varying results, I was loath to 
try a new remedy to be again disappointed. My friend procured me a bottle 
of Hart's Asthma Cure and insisted on my taking it, assuring me that it would 
help me. I did so and was very agreeably surprised to find that it relieved 
my asthma. I have taken the medicine ever since and am more than happy 
to say that I have not had a single spasmodic attack since I have taken it. 
Having received so much benefit from its use, I am not disposed to give it up 
and ask you to kindly send me a fresh supply (the usual amount) as I don't 
want to take any chances of a relapse.' * * * ' It gives me great pleasure 
to recommend "Hart's Swedish Asthma Cure" to every one afflicted with 
asthma.' * * * ' It is just one year this month that my father began to 
take your medicine. Since that time he has taken it steadily except when he 
was obliged to take kidney or bladder or some other medicine. He is 89 years 
old, and his sufferings from asthma has been terrible. Your medicine is the 
only thing out of the hundreds of different ones that I have bought that would 
have any effect after a few days. He is now, and has been for the last year, 
comparatively comfortable. Can lie down at night, walk about, and can 
breathe quite clear. He will be obliged to take it as long as he lives, we 
think. We do not look for a cure. Now, if you would like a testimonial, you 
may write one out; make it as strong as you please, and send it to me, and 
my father will be glad to sign it and return it to you.' * * * ' I hasten to 
beg your pardon for not thanking you for sending the sample of Hart's Asthma 
medicine * * * I will say it had done me a great deal of good. I take 
it all the time and have recommended it to a number that are suffering as I 
have. After I had taken the bottle of medicine you had sent, there was a 
long time before I could get any more, but at last another druggist sent for
it and now I am safe. * * * I have a very bad cold but do not suffer from the 
asthma at all. I think it is fine.' * * * ' If I could, I would like to send a 
bottle of your Cure to every sufferer from asthma in the United States as a 
Xmas gift. I have taken three bottles and I knew its value before I had 
taken one-third of the first bottle. I could breathe free and sleep like a child. 
My weight then was 140 pounds. At the present time it is 172. Am on the 
police force at night; exposed to all kinds of weather. Am 53'years old. 
Am acquainted with a gentleman * * * who has been a sufferer for years; 
often not able to do any work, and it has wrought wonderful results in his 
case.' *¦ * * ' The sample of Hart's Swedish Asthma and Hay Fever Cure 
sent by you to Mr. F. W. Burhans, was given to me. I used it and was much 
benefited. * * * I can heartily recommend its use to all suffering from 
asthma. It has helped me very much, and I have had asthma since birth.' 
* * * ' I received a sample of your Asthma Cure. It did me a great deal 
of good. I have had the asthma over 54 years, and my wife has the hay fever, 
and she thought it helped her, and also a neighbor tried it, and it helped her. 
We have both of us had colds lately, but have not had the asthma, so I think 
it helped us.' * * * ' I received the sample you sent last winter, and it 
helped me so much. I took another $1.50 bottle, and expect to take more of 
it. I'm much better this winter than I ever was before. I think it is cer- 
tainly marvelous.' * * * ' I am so very glad to be able to write you telling 
you of the wonderful effects of your Hart's Swedish Asthma Cure upon myself. 
Have been a sufferer from the dreaded complaint since the winter of 1888. 
Every winter would be obliged to leave my bed several times through the 
night to relieve myself by burning a fumigator, inhaling the smoke. About 
two months ago I received your letter directing me to get a bottle of your 
medicine from our druggist * * *. I did so, Found some relief from the 
trial bottle. Have used it since, and feel now as if entirely cured. Have 
kept my bed at night and slept sweetly; never once being obliged to rise until 
morning. I feel as though I had a new lease of life. Am strong and hearty 
as an ox. Friends are all surprised. Hoping all sufferers will be able to try 
your valuable and priceless remedy.' * * * ' Henry Long, of this city, who 
has been a great sufferer (if not the worst case in the city), has used one 
bottle he got from you, and now on his second, says it is worth $10.00 per 
bottle. He can sleep the entire night without any interruption whatever, 
something he has not been able to do in years. Last spring my wife had a 
severe case of measles. The doctor expected to find her suffering with asthma, 
but said he found her perfectly free from it and her lungs in better shape 
than he had ever found them. I trust they may stay so. This is the best 
year she has put in in 15 years.' * * * ' I obtained a free sample of your 
Hart's Swedish Asthma and Hay Fever Cure and have used four bottles, and 
feel that I am entirely cured of asthma. I had not been able to attend to my 
business for a long time until I heard of your medicine and commenced its 
use, and for the past two months have been able to do all kinds of work, and 
my family as well as myself wish to thank you very kindly for sending me 
the free sample of your medicine, otherwise I probably would never have 
tried it. It will give me great pleasure to recommend your Hart's Swedish 
Asthma and Hay Fever Cure to anyone afflicted with asthma.' * * * ' Glad 
to hear from Hart's Swedish Asthma Cure Co. I never forget the good it 
done me. I feel all right now. Ned Howard saw me and knowing me as 
the worst sufferer of asthma, he told me that he had a medicine that would 
cure me. Well, I will tell you how I got the asthma July, 1900. I am a 
woodwork body carriage maker. I overworked myself. I took a bad cold 
and a cough, I got worse; I doctored; I paid out lots of money; finally the 
doctor told me he could do me no good; that I had to go to another climate; that 
I was the worst case he ever saw. No medicine would help me, but another 
climate would do me good, so I went first to Chicago. I have a son there. I 
intended to stay a week; that was in September, but I got so bad I was not 
fit to go any farther West. My son got me a doctor, a first-class doctor. He 
attended me until March. About seven months ago he told, me that Chicago 
was a bad place for asthma, and I was the worst case he ever saw. If it were 
not that I had a constitution like a horse, I would have died. I got to Kansas 
City, Mo. I got a doctor again, a good doctor. He gave me a medicine but 
done me no good, so he doubled the dose and I got relief for the time being, 
I stayed until July 1901, and the weather got so hot and the hot winds, I "could 
not stand it, so I took the first *;rain and went to Chicago again.   I stayed
72957—34 2
five days with my son, but the change was too much for me, so I went to my 
home in Wooster, Ohio. I 'got what they call hay fever and bronchitis, and 
now this is my case of asthma, so now it cost me over $250 for expenses, car- 
rides, etc., and no better I felt. I made up my mind to stop and pay no more 
money out for medicine. I have not been able to do a day's work for a long 
time. I have not earned a dollar since July, 1900, so I met my friend, Mr. 
Howard. He said, " I am glad to see you, I have got a medicine that will 
cure you surely." I said, " I have paid out all the money I am going to pay 
out. Paid $250. No better I feel." Mr. Howard gave me a sample of your 
medicine. I had now just one bottle, and am on the second one, and that is 
going very fast, and I will get the third one if I can. I won't do without. 
Now you can see what I had to go through. I had a hard time of it. I often 
said I would not live until morning, but, thank God, if I would have had 
Hart's Swedish Asthma Cure before I went West, I could have saved all my 
money. By paying $1.50 I would get relief. I went to Ned Howard -and got 
one bottle. I had a hard cough at the time. I took the medicine as directed 
and the fourth day I had no more cough, and I go to bed and can sleep fine. 
I have lots of callers that ask, " What are you taking?" " I take Hart's 
Swedish Asthma and Hay Fever Cure. This is the best thing you can get for 
asthma." You are welcome to use my name. If I know a poor sufferer with 
asthma, I shall go and see him surely and tell him what it will do. I had the 
expense of getting rid of $250 while one bottle for $1.50 of your medicine did 
me more good.' * * * The golden rod is one of the most popular and pro- 
lific among the wild flowers of the Central States, but unfortunately there are 
a great many people who possess very sensitive olfactory organs, who, coming 
in contact with the wind that blows from the golden rod—laden with fine 
pollen dust of the blossoms—contract a most unpleasant malady known as 
hay fever, caused by the soft membrane of the nasal passage becoming highly 
irritated. The pollen dust from a number of other plants also causes the 
same irritation when inhaled. Heretofore the sufferer from this grievous 
ill had to hide himself to some secluded spot or resort where the air was 
pure, dry and free from these irritating subtances, but at last he can bid 
defiance to them and summer where he pleases. A remedy has been discov- 
ered, a remedy that was carefully, after much thought, experiment and ex- 
perience, compounded many years ago by a venerable Swedish physician. 
The result of his study and researches was a remedy for the relief of asthma. 
This at first he prescribed only among his own patients, but gradually the 
fame of his remedy spread to other countries, and he finally decided to place 
it in other hands that it might be prepared in quantity and reach the many 
sufferers from that extremely distressing malady, asthma. Mr. A. Thomas 
Hart has now become the possessor of this valuable secret, and has opened 
up an office for its manufacture and sale at Buffalo, N. Y. While originally 
it was prepared solely for the relief of asthma, it was discovered not long 
since that its use in a case of hay fever gave prompt relief. It is now known 
as Hart's Swedish Asthma and Hay Fever Medicine. It has been endorsed 
by many prominent physicians, and the most flattering encomiums have been 
written in its praise. Mr. Hart will be glad to give all necessary information 
concerning his medicine to those who are suffering from asthma or hay fever 
upon application at No. 611 Niagara Street, Buffalo, N. Y."; (leaflet) " ' I have 
had the pleasure of taking half a bottle of Hart's Swedish Asthma Medicine 
and it has done me more good than any other medicine I have ever taken.' 
* * * 'After suffering seventeen years with asthma and spending a number 
of hundreds of dollars, I heard of your medicine, which helped me wonder- 
ful. In fact, I have been troubled very little in the last five years.' * * * 
' I now write you a few lines to let you know how great your Hart's Swedish 
Asthma Medicine is. I have taken about everything that I could get and 
none did me any good. A friend told me about Hart's Swedish Asthma Hay 
Fever Medicine and I got a bottle of it and it did me so much good that I 
thought I would let you know about it.' * * * 'Have taken about six 
bottles of your Asthma Medicine and have received untold benefits from it. 
Before taking your medicine I weighed 84 lbs. and could not sleep at night 
for more than two hours. After two months of your medicine I now weigh 
100 lbs. and am able to sleep all night' * * * ' I have intended writing you 
a letter of acknowledgment and appreciation of what your wonderful Asthma 
remedy has done for me since my osteopath doctor recommended it to me sev- 
eral years ago—but have neglected to do so. I'have just had another dem- 
onstration of what it can do so quickly and effectively that I am at my desk
determined to tell you now all about it. I have had what the doctors call 
spasmodic asthma for many years and at times have almost passed out from 
strangulation. Coming to California seemed to benefit me—but even here I 
have had desperate struggles with this trouble. About six years ago I went 
on a long motor trip in an open touring car and when I returned I was suf- 
fering so with congestion that I went at once to an osteopath for help. The 
congested condition continued and I could not rest at night. I could not get 
a free breath and I finally told the doctor something else must be done. 
Then he recommended your remedy. I am not exaggerating when I say the 
first dose relieved the congestion and I slept. I took six bottles and for 
three years had no return of the trouble. Now if I feel a wheezy condition I 
take a few doses and it all goes. I have given it to many people who have 
been relieved entirely—just as I was and who are most grateful— * * * 
I have given it to only one person who says she cannot take it. She is a 
friend who has suffered for thirty years with many complications. Her 
stomach is so weakened by strong drugs that everything causes gas and she 
will not persevere with anything and tries everything. I am saying with all 
sincerity that I feel certain this Asthma remedy of yours has given me many 
comfortable years which would otherwise have been passed in suffering—if 
I had lived.' * * * 'I have had asthma for five years recently and also 
when I was a child. The doctors tell me I have a very severe case. Have 
just gotten over a terrible spell, so bad that I had to have no less than 10 
hypodermic injections of morphine in as many days. I have tried nearly 
everything on the market. A week ago today a man told my husband of your 
medicine, and I have been taking it since with wonderful results. So far I 
have slept five nights out of seven and the other two nights I have had a spell 
around 1 o'clock in the morning (5 or 6 hours). My chief reason for writing 
you at present is to enquire if it would be all right to take an extra dose of 
medicine if a spell should come on in the night. If the medicine continues as 
it has begun I shall be a wonderful booster for it.' * * * ' It is with much 
pleasure that I write you telling you the great benefit your medicine has been 
to my daughter. She has had asthmatic attacks for eleven years and I can- 
not tell you how much she has suffered. Now only 21 years old and well in 
all ways but for the dreadful attacks. It is useless to tell you what she has 
taken for relief trying to effect a cure, all these years we have doctored. To 
be brief, the last attack was severe. Then she began taking your medicine. 
After taking two doses her breathing was good and to our amazement for 
two weeks she was free of the wheezing.' * * * ' I have been troubled 
with asthma a number of years, and have tried several so called medicines, 
but nothing has helped me as much as Hart's Swedish Asthma Medicine. I 
took one of your samples and one of the $1.50 bottles; I am feeling much 
better and will recommend the medicine to all I see suffering with asthma.' 
* * * «For some years past have used Hart's Swedish Asthma Medicine— 
not only myself and family, but recommended it to my friends.' * * * 
'After a severe case of bronchitis, I developed asthma. I tried all the cures 
I had ever heard of and all the doctors. A change of climate did me no good. 
For months at a time I slept in a chair. My own family doctor brought me 
a bottle of your medicine and said he knew of a man that it had relieved. I 
was tired out from lack of sleep and trying to breathe. They gave me a tea- 
spoonful and in less than five minutes I was asleep. I slept twenty hours. 
The first rest I had had in nine long weeks. I took two bottles at that time 
and had no more asthma for two years. Lately I developed a bronchial cold 
and the asthma was coming back. I took one-half a bottle but with the first 
teaspoonful the asthma left me. Your medicine means more to me than you 
can ever know.'"
On December 6, 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.