4733. Misbranding- of "Dr. King's Throat and Lung Balsam." U. S. v. 11 Cases?
of " Dr. King's Throat and I/ung Balsam.". Default decree of condem??
nation, forfeiture, and destruction. (F. & D. No. 7164. I. S. No. 1355-1.?
?S. No. B-530.)
On January 20, 1916, the United States attorney for the Southern District?
of Georgia, 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 11 cases, each containing two dozen bottles, of " Dr. King's?
Throat and Lung Balsam," remaining unsold in the original unbroken pack??
ages at Savannah, Ga., alleging that the article had been shipped, on or about?
January 3, 1916, by the Ritchey Portrait Co., Chicago, 111., and transported?
from the State of Illinois into the State of Georgia, and charging misbranding?
in violation of the Food and Drugs Act, as amended. The bottles were labeled:?
" Dr. King's Throat and Lung Balsam One per cent Alcohol Guaranteed by?
King Medicine Co. under the Food & Drugs Act, June 30, 1906 Serial No. 34806?
A pleasant and reliable remedy for Coughs, Colds, Croup, Hoarseness, Whooping?
Cough, Difficult Breathing, Asthma, Bronchitis, Sore Throat and all affections?
of the pulmonary organs; also for the relief of Consumptive patients in the?
advanced stages of the disease. Directions * * * Prepared by King Medi??
cine Co., 3757 Sheffield Ave., Chicago, 111." The cartons were labeled in part?
as follows: "For the various affections of the Throat, Chest and Lungs?
* * * reliable remedy * * * will relieve any ordinary cough or cold?
and relieve it perfectly so that no further trouble need be feared. Continued?
use of this great remedy will relieve any cold, however severe or of long?
standing. * * * Also for the relief of consumptive patients in the last?
stages of the disease."
Misbranding of the article was alleged in the libel for the reason that the?
above-quoted statements, appearing on said bottles and cartons, were false?
and fraudulent, the contents of said bottles being incapable of producing the?
effects so claimed.
On April 3, 1916, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product should be destroyed by the United States marshal.
GAEL VEOOMAN, Acting Secretary of Agriculture^
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BUREAU   OF   CHEMISTRY.	
[Supplement 25.