22022. Misbranding of  L.  B.  J.  Cough  Syrup.    U.  S.  v.  538  Packages  and
356 Packages of L. B. J. Cough Syrup. Default decrees of con- 
demnation, forfeiture, and destruction. (F. & D. nos. 29972, 29973. 
Sample nos. 20550-A, 31651-A.)
Examination of the drug preparation involved in these cases disclosed that 
it contained no ingredient or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed in the labeling.
On March 23, 1933, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court libels praying seizure and condemnation of two lots, con- 
sisting of 894 packages, of L. B. J. Cough Syrup at New York, N.Y., alleging 
that the article had been shipped in interstate commerce on or about De- 
cember 22, 1932, by the Little Brown Jug Inc., from Sinking Spring, Pa., 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 
consisted essentially of extracts of plant drugs, including wild cherry, tar, 
sugar, alcohol, and water.
It was alleged in the libels that the article was misbranded in that the 
following statements appearing in the labeling, regarding the curative and 
therapeutic effects of the article, were false and fraudulent: (Carton label 
of one lot) " For Coughs * * * Hoarseness, Croup, Whooping Cough, 
Bronchitis * * * in severe cases, one teaspoonful every hour until relieved 
[the same statements appeared on the bottle label of the remaining lot] "; 
(circular accompanying both lots) " Cures * * * Coughs—Hoarseness 
Whooping Cough—Bronchitis—Etc."
On January 18, 1934, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were 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.