7642.   Misbranding-  of Brou's  Injection.     U.  S.    *    *    *    v.  11?  Dozen Bottles 
*     *     *    Bron's Injection.    Decree of condemnation, forfeiture, and
destruction.     (F. & D. No. 10643.     I. S. No, 7670-r.     S. No. C-1305 )
On June 23, 1919, the United States attorney for the Western District of 
Oklahoma, 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 11J dozen bottles of Brou's Injection, remaining unsold at 
Oklahoma City, Okla., alleging that the article had been shipped by E. Fougera 
& Co., Inc., New York, N. Y., on or about September 27, 1918, and transported 
from the State of New York into the State of Oklahoma, and charging mis- 
branding in violation of the Food and Drugs Act, as amended. The article was 
labeled in part, "Brou's Injection * * * E. Fougera, A Company, Inc., New 
York."
Analysis of a sample of the article made in.the Bureau of Chemistry of this 
department showed that'it consisted of acetates and sulphates of lead and zinc, 
opium, water, and a small amount of alcohol.
Misbranding of the article was alleged in substance in the libel for the reason 
that the wrapper label, bottle label, and circular accompanying each bottle bore 
and contained statements, designs, and devices, regarding the curative and 
therapeutic effects of said drug article and of the ingredients and substances 
contained therein, which were false and fraudulent in that said drug article 
contained no ingredients or combination of ingredients capable of producing 
certain curative and therapeutic effects claimed for it on the wrapper label, 
bottle label, and in the accompanying circular, in part as follows, to wit, (wrap- 
per) " Brou's Injection * " * preservative;" (bottle, in French) "Hygienic 
and preservative Brou's Injection * * * against discharges recent on 
chronic and against white flowers;" (circular) "Brou's Injection hygienic and 
preservative for the cure of all recent and chronic discharges of the urinary 
organs (Gonorrhoea, Leucorrhcea and Gleet) Brou's Injection will always be 
more successful if it be used immediately after the first appearance of disease. 
For ladies the injection should be used * * * Brou's Injection used as pre- 
servative   *    *    *? "
On October 16, 1919, the Alexander Drug Co., Oklahoma City, Okla., having 
filed its answer to the libel, setting forth that it had bought the product in good 
faith without the knowledge that the same was misbranded, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that the 
product be destroyed by the U. S. marshal without costs to the said Alexander 
Drug Co.
E. D. BALL, Acting Secretary of Agriculture.