21794. Misbranding of   McMahon's   Solution   of   Calcium   Creosote.     IT.   S.
v. 110 Bottles  of McMahon's  Solution  of Calcium Creosote.    De- 
fault decree of condemnation, forfeiture, and destruction.     (F. &
D. no. 31061.    Sample nos. 17980-A, 17981-A.)
Examination of the drug preparation, McMahon's Solution of Calcium Creo- 
sote, disclosed that it contained no ingredient or combination of ingredients 
capable of producing certain curative and therapeutic effects claimed on the 
bottle and carton labels. Analysis also showed that the article contained less 
creosote than was declared on the label.
On September 8, 1933, the United States attorney for the Eastern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel, and subsequently an amended libel praying seizure and 
condemnation of 110 bottles of McMahons's Solution of Calcium Creosote at 
Beaumont, Tex., alleging that the article had been shipped in interstate com- 
merce in part on or about December 24, 1931, and in part on or about Febru- 
ary 10, 1933, by the McMahon's Manufacturing Co., from De Bidder, La., and 
charging misbranding in violation of the Food and Drugs Act as amended.
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of a calcium and creosote compound (3 percent), water (97 
percent) and creosote (per one-half fluidounce 5 minims).
It was alleged in the libel that the article was misbranded in that the state- 
ment on the bottle label, " Each half fluid ounce represents ten to twelve 
minims of * * * Creosote USP.", was false and misleading. Misbranding 
was alleged for the further reason that the following statements, regarding the 
curative or therapeutic effects of the article, were false and fraudulent: (Car- 
ton and bottle) " For coughs * * * sore throat and bronchitis. Direc- 
tions for an adult one tablespoonful; twelve years old two teaspoonf uls; seven 
years old one teaspoonful; under one year twenty drops to be given every two 
to four hours as indicated by severity of the case."
On November 3, 1933, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was 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.