22347. Adulteration  and misbranding of  Sirop  Dennis  Garvin  Compound.
U. S. v. 300 Bottles, et al., of Sirop Dennis Gauvtn Compound. De- 
fault  decrees  of  condemnation, forfeiture,  and  destruction.     (F.
& D. nos. 31740, 31811, 31812.    Sample nos. 58041-A, 58076-A, 58077-A.)
These cases involved shipments of a drug preparation labeled to convey the 
impression that its chief physiological effects were derived from oil of anise, but 
which depended chiefly for its effects on the morphine content. The labels 
were further objectionable in "that they contained unwarranted curative and 
therapeutic claims; the designs and directions conveyed the idea that it could 
be safely used for babies, whereas its morphine content rendered it unsafe for 
such use; the declaration of alcohol was inconspicuous; and the declaration of 
morphine was incorrect in one lot, and inconspicuous in the remainder.
On December 19, 1983, and January 5, 1934, the United States attorney for 
the District of Rhode Island, acting upon reports by the Secretary of Agricul-
ture, filed in the district court libels praying seizure and condemnation of 
641 bottles of Sirup Anis Gauvin Compound at Providence, K. I., alleging 
that the article had been shipped in interstate commerce, in part on or about
- October 14, 1933, and in part on or about December 1, 1933, by J. A. E. Gauvin, 
from Lowell, Mass., and charging adulteration and misbranding with respect 
to one lot, and misbranding with respect to the remainder, in violation of the
-Food and Drugs Act as amended.
Analyses of samples of the article by this Department showed that it con- 
sisted essentially of a morphine compound (one lot containing 0.205 to 0.219 
gram of morphine acetate per fluid ounce), alcohol, and water, flavored with 
oil of anise.
It was alleged in the libel filed with respect to one of the lots that the 
article was adulterated in that its strength fell below the professed standard
• and quality under which it was sold, namely, "Each Fluid Ounce Contains 
*4 Grain of Acetate of Morphine."
Misbranding of the said lot was alleged for the reason that the statement, 
"Acetate Morphine *4 Grain Per Ounce", appearing on the bottle and carton 
labels and in the circular, was false and misleading. Misbranding was alleged 
with respect to all lots for the reason that the statements on the labels, 
" Sirop Dennis Gauvin Compound", " Sirup Dennis Gauvin Compose", and 
" Gauvin's Aniseed Syrup", were false and misleading; and for the further 
reason that the background design of babies on the wrapper label, was false 
and misleading, since it created the impression that the article could be 
safely used for babies, whereas it could not be safely used for babies. Mis- 
branding was alleged for the further reason that two of the lots failed to 
bear a statement of the quantity or proportion of morphine contained in the 
article, since the statement was inconspicuous; and all lots failed to bear a 
statement of the quantity or proportion of alcohol, since the statement of 
alcohol was inconspicuous. 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, wrapper, and circular) 
" Sirop Dennis Gauvin Compound * * * Recommended by the Maker and 
many who have used it as giving relief in cases of restlessness, by alleviating 
the accompanying pains. It thus induces a soothing effect and restfulness"; 
(bottle and circular) "Directions: To an infant under one month old, 10 to 15
- drops; every month more, 5 to 8 drops more.   One year old 1 to 2 teaspoonfuls."
On January 11 and January 26, 1934, no claimant having appeared for the 
property, judgments 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.