22973. Misbranding of  Hart's   Swedish  Asthma  and  Hay  Fever  Medicine.
IT.   S.  v.  11  Packages,  et  al.,  of Hart's Swedish  Asthma  and Hay
Fever   Medicine.     Default   decrees   of condemnation,   forfeiture,
and destruction.     (F. & D. nos. 32591, 32592. Sample nos. 68022-A, 68023-A. 
68026-A.)
These cases involved various lots of a drug preparation, the labels of which 
bore unwarranted curative and therapeutic claims. The label on one of the 
lots represented that the article contained alcohol, whereas it contained no 
alcohol.
On April 23 and April 25, 1934, the United States attorney for the Western 
District of Pennsylvania, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 164 
packages of Hart's Swedish Asthma and Hay Fever Medicine at Pittsburgh, 
Pa., alleging that the article had been shipped in interstate commerce, in 
various shipments, on or about August 24, 1933, January 18 and March 28, 
1934, by Hart's Medicine Co., from Buffalo, N. Y., and charging misbranding in 
violation of the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of potassium iodide, 
approximately (12 grams per 100 milliliters), a bitter drug, glycerin, and 
water, colored pink.
The article was alleged to be misbranded in that certain statements on the 
wrapper, bottle label, and in the circular, regarding its curative and therapeu- 
tic effects, falsely and fraudulently represented that it was effective as a 
preventative, treatment, and cure for asthma, hay fever, bronchial trouble, 
and bad cough, and that it could be administered indefinitely to the weakest 
stomach without causing any disturbance. Misbranding of one lot was alleged 
for the further reason that the statement on the bottle label and wrapper, 
" Pure Grain Alcohol, 4 per cent", was false and misleading, since the article 
contained no alcohol.
On June 4, 1934, no claimant having appeared, judgments of condemnation 
were entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.