4362. Misbranding of "Dr. Miller's Vegetable Expectorant." U. S. * * *?
v. Lavinia A. Marsb (E. Morgan & Sons). Plea of nolo contendere.?
Fine, ?20.     (F. & D. No. 5956.    I. S. No. 7723-e.)
On June 22, 1915, the United States attorney for the District of Rhode Island,?
acting upon a report by the Secretary of Agriculture, filed in the District Court?
of the United States for said district an information against Lavinia A. Marsh,?
trading under the firm name of E. Morgan & Sons, Providence, R. I., alleging?
shipment by said defendant, in violation of the Food and Drugs Act, as?
amended, on or about February 17, 1913, from the State of Rhode Island into?
the State of New York, of a quantity of "Dr. Miller's Vegetable Expectorant,";?
which was misbranded. The article was labeled: (On wrapper) "Dr. Miller's?
Vegetable Expectorant. This invaluable medicine has stood the test a quarter?
of a century and is acknowledged by hundreds of thousands to be the best?
Cough Medicine in the world. For Coughs, Colds, Sore Throat, Hoarseness,?
Inflammation of the Throat and Mouth, Whooping Cough, Canker &c. There?
is no medicine now in use that has performed more cures. It is warranted not "?
to contain any mineral substance; it is also free from laudanum or squills; it?
may be taken at any time with perfect safety; it has been the means of saving?
thousands from that dreadful disease?Consumption which is destroying hun??
dreds of thousands of lives yearly. Any amount of certificates might be ob??
tained from those who have tried it successfully. Prepared and sold by E.?
Morgan & Sons Sole Proprietors, Successors to J. Miller & Sons, Providence,?
R. I., U. S. A. Sold wholesale and retail by all the principal Druggists through??
out the country. Also by all dealers in medicines. Beware of Counterfeits.?
None genuine without the facsimile of the signature of the proprietor, J.?
Miller All orders promptly attended to. Price 35 Cents. Serial No. 601?
Guaranteed under the Food and Drugs Act, June 30, 1906. Contains 5??
Alcohol." (Additional statements in foreign language). (On bottle) "Dr.?
Miller's Vegetable Expectorant. This invaluable medicine has stood the test?
of nearly a quarter of a century, and is acknowledged by thousands and tens?
of thousands to be The Best Cough Medicine in the World. For Coughs, Colds,?
Sore Throat, Hoarseness, Inflammation of the Throat and Mouth, Whooping?
Cough, Canker Rash, etc., there is no medicine now in use that has performed?
more cures. It is warranted not to contain any mineral substance; it is also?
free from laudanum or squills; it may be taken at any time with perfect safety;?
it has been the means of saving thousands from that dreadful disease, Con??
sumption, which is destroying hundreds of thousands of lives yearly. Do not?
pronounce this medicine a humbug before you test its virtues. Any amount of?
certificates might be obtained from those who have tried it successfully. Direc??
tions?The Expectorant may be given from three to six times a day, and this?
direction followed until a cure is effected. In some severe cases it is. necessary?
to take two teaspoonfuls, and at other times half a teaspoonful is sufficient.?
The size of the dose is to be. regulated by the character of the case. Give to chil??
dren according to age. Serial No. 601. Guaranteed under the Food and Drugs?
Act, June 30, 1906. Contains 5? of Alcohol. Prepared and sold by the Sole?
Proprietors, E. Morgan & Sons (Successors to J. Miller and Sons). Providence,?
Rhode Island, U. S. A. Sold wholesale and retail by all the principal Drug??
gists throughout the country. Also by all dealers in medicine generally. Be??
ware of counterfeits. None genuine without, the facsimile. Signature of J.?
Miller All orders promptly attended to. Price 35 cents. Entered according?
to Act of Congress, in the year 1858, by J. Miller, of Sheldonville, in the Clerk's?
Office of the District Court of the District of Massachusetts." The circular or?
pamphlet accompanying the article contained, among other things, the following?
statements: " The best Medicine in the world for Coughs, Colds, Hoarseness,
N.J. 4351-4400.]     SERVICE AND REGULATORY ANNOUNCEMENTS.	525
Bronchitis, Asthma, Influenza, Soreness of the Throat, Chest and Lungs, Croup,?
Catarrh, Whooping Cough, Canker Rash, &c. ' * * * it has been the means?
of saving thousands from Consumption * * * It sells rapidly, because it?
cures. * ' * * Dr. J.* Miller's Vegetable Expectorant cures and that is the?
remedy to purchase. * * * It does not dry up a cough and leave the cause?
behind, but it will loosen and cleanse the lungs, and allay irritation,  thus -
removing the cause of the complaint.   ' *    *    *    The Expectorant will cure
*?#    *"
Analysis of a sample of the article by the Bureau of Chemistry of this de-?
? partment showed the following results :
Alcohol  (per cent by volume)?
,??5.86
Solids "(per  cent)??_?
?62
. 38
Ash  (percent)?
?5.50
Invert sugar   (per cent)?
?37.63
Sucrose   (per cent)?
?10.14
Ether extract from acid solution (fatty material)   (per cent)?1. 04
Alkaloids   ?
Faint trace
Sulphuric anhydrid   (per cent)?
^___?0.28
Chlorin   (per  cent)?
?0.53
Sodium,   potassium,   magnesium?
Present
Iron .and aluminum oxids (percent)?
?0.22
Phosphoric anhydrid  (per cent)?:?,?
?0.24
Lime   (per   cent)?
?0.32
Misbranding of the article was alleged in the information for the reason?
that the following statements regarding the therapeutic or curative effects?
thereof, appearing on the label aforesaid, to wit, (On wrapper) "For * * *?
Whooping Cough, &c. There is no medicine now in use that has performed more?
cures. * * * it has been the means of saving thousands from that dreadful?
disease?Consumption * * *." (On bottle) "For '* * "* Whooping?
Cough, * *' * there is no medicine now in use that has performed more?
cures * * * it has been the means of saving thousands from that dreadful?
disease, Consumption * * *," and included in the circular or pamphlet afore??
said, to wit, " The best Medicine in the world for * * * Bronchitis,?
Asthma, Influenza, * *' *' Croup, Catarrh, Whooping Cough, * * * It?
has been the means of saving thousands from Consumption * * * It sells?
rapidly, because it cures. *? * * Dr. J. Miller's Vegetable Expectorant?
cures and that is the remedy to purchase, * * * It does not dry up a?
cough and leave the cause behind, but it will loosen and cleanse the lungs
*?* * thus removing the cause of complaint. * * * The Expectorant will?
cure," were false and fraudulent in that the same were applied to said article?
knowingly, and in reckless and wanton disregard of their truth or falsity, so?
as to represent falsely and fraudulently to the purchasers thereof, and create?
in the minds of purchasers thereof the impression and belief, that it was, in?
whole or in part, composed of, or contained, ingredients or medicinal agents?
effective,, among other things, as a cure for whooping cough, and as a preven??
tive of consumption, and for the cure of bronchitis, asthma, influenza, croup,?
and catarrh, when, in truth and in fact, it was not, in whole or in part, so?
composed, and did not contain such ingredients or medicinal agents.
On January 28, 1916, the defendant entered a plea of nolo contendere to the?
information, and the court imposed a fine of $20.
C. F. MAEVIN, Acting Secretary of Agriculture.
526	
BTJEEAU  OF CHEMISTEY,	
[Supplement 18,