24538. Misbranding of Kendig & Weaver's K-W Syrup Tar and Hore- 
hound Compound. U. S. v. Morris Drug Co. Plea of guilty. 
Fine, $25.     (F. & D. no. 33835.    Sample no. 62054-A.)
This case was based on a shipment of a drug preparation, the labeling of 
which contained unwarranted curative and therapeutic claims.
On January 25, 1935, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Morris Drug Co., a corporation, 
York, Pa., alleging shipment by said company in violation of the Food and 
Drugs Act as amended, on or about March 14, 1934, from the State of Penn- 
sylvania into the State of Maryland, of a quantity of Kendig & Weaver's K-W 
Syrup Tar and Horehound Compound which was misbranded.
Analysis showed that the article consisted essentially of extracts of plant 
drugs including horehound, tar, a calcium compound, chloroform, alcohol, 
sugar, and water, flavored with sassafras oil.
The article was alleged to be misbranded in that certain statements, designs, 
and devices regarding its therapeutic and curative effects, appearing on the 
bottle label and carton, and in a circular shipped with the article, falsely and 
fraudulently represented that it was effective as a treatment, remedy, and 
cure for coughs, hoarseness, whooping cough, croup, asthma, bronchitis, short- 
ness of breath and diseases of the throat, chest, and lungs, and sore throat due 
to colds; effective as an instant relief for coughs, and as an instantaneous 
relief for coughs and bronchial troubles; effective as especially efficacious in 
cases of stubborn croup; and effective when used in connection with K-W Cold 
Tablets as a treatment, remedy, and cure for severe cases.
On March 20, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.