26821. Misbranding of Lee's Creo-Lyptus.    U. S. v. 1,986 Bottles of Lee's Creo-
Lyptus.     Default  decree  of condemnation and destruction.     (F.  & D.
no. 38565.    Sample no. 16932-C.)
The labeling of this product contained false and fraudulent curative or 
therapeutic claims; and the bottle label bore a false and misleading statement 
that it contained 3 minims of chloroform per ounce, that it had been examined 
and approved by the United States Government, that it complied with the 
law, and that it was guaranteed by the Government to comply with the law.
On November 18, 1936, 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 a libel praying seizure and condemnation of 1,986 bottles of 
Lee's Creo-Lyptus at New York, N. Y., alleging that it had been shipped in 
interstate commerce on or about June 26, 1936, by the Washington Wholesale
Drug Exchange from Washington, D. C, and that it was misbranded in viola- 
tion of the Food and Drugs Act as amended.
Analysis of a sample of the article showed that it consisted essentially of 
ammonium chloride, sugar, alcohol, water, and small quantities of creosote, 
pine tar, and eucalyptol.
The article was alleged to be misbranded in that the following statements, 
borne on the bottle labels, on display cartons, and on an advertising poster 
accompanying the shipment, falsely and fraudulently represented that it was 
capable of producing the curative or therapeutic effects claimed in said state- 
ments: (Bottle labels) "* * * quickly relieves persistent Coughs, * * * 
Spasmodic Croup, Bronchial Congestion, Whooping Cough. * * * Adults— 
Sip enough to cover throat every 15 to 20 minutes until relieved, * * * 
Children—For whooping cough and croup, * * * should be taken regularly 
according to directions as long as cough is evident. Inflamed tissues are 
quickly relieved"; (display cartons) "* * * for Coughs * * * and Bron- 
chial Congestion Quick Relief To Persistent And Chronic Cases Recom- 
mended for Spasmodic-Croup And Whooping Cough.    *    *    *    Stops Coughs
* * * Creosote—It is used in the treatment of tuberculosis, pneumonia and 
bronchitis. It is recommended and asserted to have equally beneficial effect 
upon the bronchial mucous. Creosote was originally introduced in the treat- 
ment of tuberculosis on account of its antiseptic action on the lungs. Its bene- 
ficial influence in this disease can be ascribed to its stimulating effect on the 
bronchial mucous membrane. For this action it is also a very valuable drug 
in the treatment of all types of chronic bronchitis. It is considered very re- 
liable in the treatment of chronic inflammation of the air passages. Creosote 
if taken over a short period of time is taken in the blood tract and carried 
to the lungs, saturating them to the extent that it is next to impossible for 
pneumonia germs to exist. Squills— * * * Used as an expectorant in- bron- 
chitis and Spasmodic Croup. Oil Eucalyptus—Oil Eucalyptus is an active 
germicide. It is absorbed through the intestinal tract. Oil Eucalyptus is used 
as an antiseptic especially in the treatment of infections of the upper respira- 
tory tract, and as a stimulating expectorant in chronic bronchitis and tubercu- 
losis. It has been especially praised in asthma. Grindelia—Chiefly used as an 
antispasmodic in the treatment of Asthma and Bronchitis where there is a 
tendency to dyspnoea (difficult or labored breathing) and bronchial spasms. 
In chronic bronchitis of aged persons it is particularly salutary. It has been 
especially useful in the treatment of Whooping Cough and Spasmodic Croup. 
Senega—Asserted in the treatment of Catarrhal affections, Coughs, * * * 
Croup, Whooping Coughs, Asthma, etc.";  (window poster)  "Stop that Cough,
* * * or Croup. * * * quickly relieves persistent Coughs. * * * 
Spasmodic Croup, Bronchitis, Asthma, Whooping Cough.   Prevents Pneumonia."
The article was alleged to be misbranded further (1) in that the statement, 
"Chloroform 3 Mi. to oz.", borne on the bottle labels, was false and misleading 
when applied to an article that contains less than 3 minims of chloroform 
to an ounce; and (2) in that the statement, "Contents of this package are guar- 
anteed to comply with all Federal and State Pure Food Laws", borne on the 
bottle labels, was false and misleading in that the article had not been examined 
and approved by the Government of the United States, it did not comply with 
the law, and the Government had not guaranteed that it did so comply.
On December 5, 1936, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.