-21979. Misbranding of Dr. J. O. Lambert's Syrup. V. S. -v. 333 Packages of 
Dr. J. O. Lambert's Syrup. Decree of condemnation and forfeiture. 
Product released under bond.     (F. &D. no. 31733.     Sample no. 58038-A.)
Examination of the drug product 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. Analysis 
showed that the article contained less chloroform than was declared on the 
label.
On December 15, 1933, the United States attorney for the District of 
Massachusetts, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 333 pack- 
ages of Dr. J. O. Lambert's Syrup at New Bedford, Mass., alleging that the 
Article had been shipped in interstate commerce on or about January 24, 1933,
by Dr. J. O. Lambert, Ltd., from Troy,  N.Y., aud 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 
consisted essentially of chloroform (0.91 minim per fluid ounce), creosote, 
volatile oils, including sassafras oil, menthol and methyl salicylate, magnesium 
sulphate (2.4 percent), a small proportion of a benzoate, sugar, and water.
It was alleged in the libel that the article was misbranded in that the 
statement appearing on the carton in English and French, " Each Ounce 
fluid Contains Chloroform U.S.P. 1% Minim", was false and misleading, 
since it contained less than 1*4 minims of chloroform per ounce. 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 label) "For the relief of Coughs, * * * etc. * * * For Ca- 
tarrh * * *"; (carton) "For Coughs * * * Bronchitis, Asthma." 
(Similar statements made in foreign languages.)
On January 12, 1934, Dr. J. O. Lambert, Ltd., Montreal, Canada, having 
filed a claim admitting the allegations of the libel and having paid the costs 
Of the proceedings and deposited a cash bond in the sum of $200 to insure 
compliance with the decree of the court, judgment of condemnation and 
forfeiture was entered. The court ordered that the product be delivered 
to the claimant and that it be destroyed, or in lieu thereof that the labels 
be obliterated and destroyed, and that new labels be affixed, describing the 
true nature of the product.
M. L. WILSON, Acting Secretary of Agriculture.