4393    Misbranding of "Gem Balsam."  U. S.     *     *     *    v. La&inia A. Marsh,?
trading  as  E.   Morgan   &   Sons.    **lea   of  nolo   contendere.    Fine,
?20.     (F.  & D.  No.  6141.    I.  S. No.  8062-e.)
On June 30, 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 as E. Morgan & Sons, Providence, H. I., alleging?
shipment by said defendant, in violation of the Food and Drugs Act, as?
amended, on or about March 31, 1913, from the State of Rhode Island into?
the State of Massachusetts, of a quantity of *' Gem Balsam," which was mis-?
branded. The article was labeled: (On bottle) "Gem Balsam Trade mark?
Directions: For Coughs, Colds, Hoarseness, Asthma, Croup, Diphtheria, Bron??
chitis and Whooping Cough, use from one-half to one teaspoonful (according?
to age) several times a day, Bathing the Throat and Lungs thoroughly with,?
the Balsam until relieved. For Catarrh, inhale the Balsam night and morning.?
For rheumatism, Burns, Scalds, Cuts, Earache, Local Inflammation, White?
Swelling, Deep Seated Pains, Frozen Limbs, Inflammation of the Eyes, Chil??
blains, Piles, Corns, Bruises, Sore Nipples, Bites of all kinds and all External?
Complaints, bathe the parts affected freely until relieved. For further direc??
tions see directions on circular. Guaranteed by E. Morgan & Sons under the?
Food and Drugs Act, June 30, 1906 Serial Number 601 Prepared and put up?
by E. Morgan & Sons, Sole Proprietors. (Successors to G. E. Miller & Co.)?
Providence, R. I., U. S. A. Price 10 Cents." (On wrapper) " Serial No. 601.?
Guaranteed by E. Morgan & Sons, under the Food and Drugs Act, June 30,?
1906. Gem Balsam Trade Mark Relieves Coughs, Colds, Croup, Sc-re Throat,?
Canker in Mouth, and Diphtheria. Used externally for Burns, Scalds, Frozen?
Limbs, Wounds of all kinds, Sprains, Pains in the Back, Sides or Shoulders,?
Piles, Corns, Chilblains, Chapped Hands, Stiff Neck, Ague in the Face or?
Breast, Earache, Deafness, Poisoning, Inflammation of the Eyes, Rheumatism,?
and allays any Irritation of the skin. Prepared and put up by E. Morgan &?
Sons, Sole Proprietors (Successors to G. E. Miller & Co.) Providence, R. I.,?
U. S. A. Price 10 Gents. Directions, For Coughs, Colds, Hoarseness, Bron??
chitis.?Take a teaspoonful several times a day, bathing the throat and lungs?
thoroughly with the balsam until relieved. For Catarrh.?Inhale the Balsam?
night and morning. For Whooping Cough.?Give half a teaspoonful once in?
two or four hours. For Croup.?Give from half to a teaspoonful as often as?
every fifteen minutes, bathing the throat thoroughly until relieved. For Diph??
theria.?Take a teaspoonful internally every half hour, at the same time take?
a fine cloth saturated with the balsam, heated hot, and apply it to the throat;?
continue the above directions until a cure is performed. For Dysentery or?
Cholera Morbus.?Take half a teaspoonful once in thirty minutes to one hour.?
In very severe cases take a teaspoonful, more or less, according to age. When?
taken internally, mix with sugar. For External Complaints.?Bathe the parts?
affected freely many times each day until relieved. For Rheumatism, Ery??
sipelas and poisoning.?Bathe with the balsam as often as the surface is dry.?
For burns and Scalds.?Apply the balsam immediately. For Cuts, Wounds and?
Bruises.?Use the .balsam freely. For Earache.?Drop a few drops in the ear.?
For Local Inflammation.?Bathe thoroughly a number of times each day. For?
Deep-seated Pains, Stiff Joints and Neck.?Apply the balsam heated hot and?
rub the parts affected thoroughly. For Inflammation of the Eyes.?-Bathe?
the outside of the eyelid. For Chilblains.?Bathe with the balsam morning?
and evening. For Piles.?Apply externally, and if necessary use syringe, or?
otherwise  internally.    For  corns.?Pare  the  corn  and   cover  with  buckskin
600	•-	
BTJBEAU   OF   CHEMISTRY.	
^Supplement 18.
saturated   with balsam.    For  Sore  Nipples.?Bathe  freely.    Directions"   (In?
foreign language).
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed the following results:
Oil of turpentine (per cent by volume)?
_    15
Fixed oil (cottonseed)  (per cent)??__?
   85~"
Ash: None.
Alkaloids, alcohol, and methyl salicylate: Absent.
Product is a mixture of cottonseed oil and turpentine.
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 bottle) "Gem Balsam * * *?
For *. * * Asthma, Croup, Diphtheria, Bronchitis and Whooping Cough,?
use one-half to one teaspoohful * * * Bathing the Throat and Lungs?
thoroughly with the Balsam until relieved. For Catarrh, inhale the Balsam?
night and morning. For Rheumatism, Burns, Scalds, * * * . White?
Swelling, * * * Inflammation of the Eyes, * * * Piles, * * * bathe?
the parts freely until relieved." (On wrapper) "* *' '*. Gem Balsam?
*' * * ? Relieves * * * Croup, * * * Diphtheria. Used externally for?
Burns, Scalds, * * * Piles, * * * Inflammation of the Eyes, Rheuma??
tism * * * For Diphtheria.?Take a teaspoonful internally every half hour,?
at the same time take a fine cloth saturated with the balsam, heated hot, and?
apply it to the throat; continue the above directions until a cure is performed,"?
were false and fraudulent in that the same were applied to said article know??
ingly, 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, for the relief of asthma, croup, diphtheria, whooping cough,?
catarrh, rheumatism, white swelling, inflammation of the eyes, and piles, and for?
the cure of diphtheria, 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.
Oh 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.
N.J 4351-4400.1      SERVICE AND REGULATORY ANNOUNCEMENTS.	601