9425. Misbranding of Bina Bronehi-Lyptus.     U.  S.     *      *      *     v. 433  Bottles
of   Bronchi-Lyptas.     Default   decree   of   condemnation,   forfeiture,
and destruction. (P. & D. Nos. 14489, 14490. Inv. Nos. 26778, 26779. 
S. Nos. C-2819, C-2820.)
On February 21, 1921, the United States attorney for the Eastern District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed in the
District Court of the United States for said district a libel for the seizure 
and condemnation of 433 "bottles of Binz Bronchi-Lyptus,  remaining in the 
original unbroken packages at St. Louis, Mo., alleging that the article had been 
shipped on or about July 21, March 16, and October 22, 1920, by Edward G. 
Binz, Los Angeles, Calif., and transported from the State of California into the 
State of Missouri, and charging misbranding in violation of the Food and Drugs 
Act, as amended.   The article was labeled in part: (Bottle and carton) "*   *   * 
Croup, Asthmatic Cough, Whooping-Cough, and Sore Throat    *    *    *    Croup, 
Asthmatic Cough, Whooping-Cough    *    *    *    Sore Throat, and palliative in 
Tuberculous Coughs. ¦  *    *    *    Croup, Asthmatic Cough, and Whooping-Cough, 
*   *    *;" (circular) " *    *    *    Croup, Whooping Cough, Asthmatic Cough and 
a palliative in Tuberculosis Cough.    *    *    *    Sore Throat, Hoarseness and loss 
of Voice    *    '*    *    As a Treatment in Croup    *    *    *    As a Treatment in 
Asthmatic Cough   *   *   *   As a Treatment in Whooping Cough   *    *    *   As a 
Treatment for Hoarseness and Loss of Voice    *    *    * "
Analysis of a'sample of the article by the Bureau of Chemistry of this de- 
partment showed that it consisted of a solution containing essentially oil 
of eucalyptus, oil of peppermint, glycerin, sugar, gum acacia, alcohol, and 
water.
It was alleged in substance in the libel that the article was misbranded for 
the reason that the above-quoted statements contained in the labels and cir- 
culars, regarding the curative and therapeutic effects of the article, were false 
and fraudulent.
On April 28, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.