4375. Misbranding of " Armstrong's Croup Ointment." TJ. S. * * * v.?
Harold G. Carpenter, et al. (Carpenter & Pierce Co.). Plea of nolo?
contendere.    Fine, $10 and costs.     <F. & D. No. 6035.    I. S. No. 4541-e.)
On October 18, 1915, the United States attorney for the Middle District of?
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in?
the District Court of the United States for said district an information against?
Harold O. Carpenter and Herman J. Pierce, copartners, trading as Carpenter?
& Pierce Co., Tpoy, Pa., alleging shipment by said defendants, in violation of?
the Food and Drugs Act, as amended, on or about January 7, 1913, from the?
State of Pennsylvania into the State of Missouri, of a quantity of "Armstrong's?
Croup Ointment," which was misbranded. The article was labeled: (On car??
ton) "Armstrong's Croup Ointment A Positive Remedy for the Cure of Croup.?
Manufactured by Carpenter & Pierce Troy, Pennsylvania. Price 50 cents.?
This Ointment is guaranteed to relieve croup in ten to twenty minutes if used?
as directed. Armstrong's Croup Ointment is a specific remedy for Catarrh,?
Asthma, Cold in the Head, Throat or Lungs. None genuine without this sig??
nature Carpenter & Pierce To imitate which is forgery This Ointment is sold on?
a positive guarantee; if satisfaction is not given the price will be refunded.?
'Aco' Guaranteed by Carpenter & Pierce under the Food and Drugs Act, of?
June 30th, 1906. Serial No. 4583." (On jar) "Armstrong's Croup Ointment A?
specific Remedy for the Cure of Croup, Catarrh, Asthma, or Cold in the Head,?
Throat or Lungs Carpenter & Pierce, Troy, Penn'a. Price, 50 cents. Directions.?
For Croup, apply over the throat and chest, covering with heated flannel, re??
peating every 15 or 20 minutes if necessary. In extreme cases a little may be?
melted in a teaspoon and given internally. Directions: As a Remedy for Catarrh?
or Cold in the Head is unequaled. Apply lightly to forehead and nose. For?
Colds, Asthma, or any Congested condition of Throat or Lungs, apply same as?
for Croup." The circular or pamphlet 'accompanying the article contained,?
among other things, the following statement: " This Ointment is guaranteed to?
cure Croup    *    *    *."??
Analysis of a sample of the article by the- Bureau of Chemistry of this de??
partment showed the following results:
Nonvolatile residue  (per cent)?
91.29
Unsaponifiable fat (per cent)?
87.83
Ash: None.
Eucalyptus oil: Present.
Traces of other oils, possibly cassia oil and thyme oil.?
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 carton) "A Positive Remedy for?
the Cure of Croup. Is a specific remedy for Catarrh,. Asthma, Cold in the?
Head, Throat or Lungs." (On jar) "A specific Remedy for the Cure of Croup,?
Catarrh, Asthma, or Cold in the Head, Throat or Lungs," and included in the?
circular or pamphlet aforesaid, to wit, " This Ointment is guaranteed to cure?
Croup," 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 remedy for catarrh, asthma, cold in the head, throat,?
or lungs, and as a cure for croup, catarrh, asthma, or cold in the head, throat,?
or lungs, when, in truth and in f aet, it was not, in whole or in part, so composed,?
and did not contain such ingredients or medicinal agents.
On October 18, 1915, a plea of nolo contendere was entered on behalf of th??
defendants, and the court imposed a fine of $10 and costs.
C. F. MARVIN, Acting Secretary of Agriculture.
560	
BUREAU  OF CHEMISTRY.?'        [Supplement 18."'