28369. Misbranding of Kronp Monia Syrup, Kroup Monia Salve, Red Oil Lini- 
ment, and Distilled Spirit Turpentine. U. S. v. W. D. Taylor & Co., Inc., 
and Clenunie L» Carmiebael. Pleas of guilty. Corporation fined $25. 
Clemmie L. Carmiebael placed on probation for 3 years.     (F. & D. No.
39770.    Sample Nos. 13603-C, 3451&-C, 34531-C, 34532-C, 34941-C.)
This case involved Croup Monia Syrup the labeling of which contained false 
and fraudulent curative or therapeutic claims and an incorrect declaration of 
chloroform; Kroup Monia Salve and Red Oil Liniment the labeling of which 
contained false and fraudulent curative or therapeutic claims; and Distilled 
Spirit Turpentine which fell below the pharmacopoeial standard.
On January 20, 1938, the United States attorney for the Northern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court an information against W. D. Taylor & Co., Inc., Bessemer, Ala., 
and Clemmie L. Carmichael, an officer of the corporation, alleging shipment by 
said defendants in violation of the Food and Drugs Act as amended, on or 
about September 15, 1936, from the State of Alabama into the State of Missis- 
sippi of a quantity of Kroup Monia Syrup; and on or about January 9, Febru- 
ary 13, and February 19, 1937, from the State of Alabama into the State of 
Florida of quantities of Kroup Monia Syrup, Kroup Monia Salve, Red Oil Lini- 
ment, and Distilled Spirit Turpentine which were misbranded. The turpentine 
was labeled in part: "Packed By W. D. Taylor & Co. Mfg. Chemists Bessemer, 
Alabama." The remaining products were labeled in part: "Manufactured by 
W. D. Taylor & Co.   The Home of Taylor Made Remedies   Bessemer, Ala."
Analyses showed that the Kroup Monia Syrup consisted essentially of sugar, 
water, ammonium chloride, glycerin, alcohol, chloroform (1.3 minims and 1.8 
minims per fluid ounce, respectively), menthol, and extracts of plant materials 
including pine; that the Kroup Monia Salve consisted essentially of petrolatum, 
small quantities of eucalyptol, menthol, thymol, camphor, and oil of turpen- 
tine ; that the Red Oil Liniment consisted essentially of kerosene, capsicum, and 
volatile oils including oil of turpentine and oil of sassafras; and that the Dis- 
tilled Spirit Turpentine was steam-distilled wood turpentine.
The articles with the exception of the Distilled Spirit Turpentine, were al- 
leged to be misbranded in that certain statements in the labeling regarding 
their therapeutic or curative effects were false and fraudulent in the following 
respects: The earlier shipment of the Kroup Monia Syrup was represented 
to be effective as a treatment for the relief of hoarseness and similar bronchial 
irritations, bronchial irritations, croup, whooping cough, and similar diseases of 
the respiratory orKans. The later shipments of Croup Monica Syrup were al- 
leged to be effective as a treatment for hoarseness or similar bronchial irrita- 
tions ; and effective as an aid in the relief of hoarseness and bronchial irrita- 
tions. The Kroup Monia Salve was represented to be effective to relieve inflam- 
mation and congestion, and diseases arising from the lungs, throat, and bron- 
chial tubes; effective as a treatment, remedy, and cure for croup, pneumonia, 
bronchial troubles, catarrh, piles, burns, and inflamed surfaces; and to be pene- 
trating and healing. The Red Oil Liniment was represented to be effective as 
a treatment for painful affections of the nerve, bone, and muscular system, and 
for the relief of stiffness of muscles, stiff neck, and swellings; and effective as 
a treatment, remedy, and cure for stiff joints, muscular rheumatism, lumbago, 
stiff neck, neuralgia, swellings, cramps in the stomach, and stomach cramps. 
The Kroup Monia Syrup was alleged to be misbranded further in that the 
statements (carton) "4 Minims Chloroform to Ounce" and (bottle) "4 Mins. 
Chloroform to oz." were false and misleading in that they represented that each 
fluid ounce of the article contained 4 minims of chloroform; whereas each fluid! 
ounce contained less than 4 minims of chloroform, samples from 2 shipments 
having been found to contain 1.3 minims and 1.8 minims of chloroform per fluid: 
ounce, respectively. The Distilled Spirit Turpentine was alleged to be mis- 
branded in that the statement on the label, "Spirit Turpentine," was false and'.
-misleading in that it represented that the article was spirits of turpentine which 
conformed to the standard laid down in the United States Pharmacopoeia; 
whereas it was not spirits of turpentine which conformed to the said standard. 
On January 20, 1938, pleas of guilty were entered on behalf of the defendants 
and the court sentenced the corporation to pay a fine of $25, and placed Clemmie 
L. Oarmichael on 3 years' probation.
HARRY L. BROWN, Acting Secretary of Agriculture.