8983. Misbranding of Gauvin's Cough Syrup.   XT. S.   *   *   *   v. Certain Bottles of Gauvin's?
Cough. Syrup.   Default decrees of condemnation, forfeiture, and destruction.   (F. & D.
Nos. 12823 to 12831, inclusive. I. S. Nos. 1214-r, 1210-r, 1205-r, 1201-r, 1203-r, 1212-r, 1211-r, 1206-r,?
1208-r.   S.Ncs.E-2303, E-2310 to E.-2317, inclusive.)
On June 21, 1920, the United States attorney for the District of Maine, acting upon?
a report by the Secretary of Agriculture, filed in the District Court of the United?
States for said district libels for the seizure and condemnation of certain bottles of?
Gauvin's Cough Syrup, remaining unsold in the original unbroken packages at Rum-?
ford, Westbrook, and Sanford, Me., consigned by J. A. E. Gauvin, between the dates?
of October 9 and 17, 1919, alleging that the article had been transported from the?
State of Massachusetts into the State of Maine, and charging -misbranding in violation?
of the Food and Drugs Act, as amended. Two consignments of the articles were?
labeled in part: (Bottle) "* * * For 'La Grippe,' Whooping-Cough & all Affec??
tions of the Throat and Lungs;" (carton) "* * * Recommended for'La Grippe,'?
Whooping Cough and all Throat and Pulmonary Diseases * * * For all Diseases?
of the Respiratory Organs;" (circular) " *   *   *   the greatest possibilities of a radical
340	
BUREAU  OF  CHEMISTRY.	
[Supplement HO.
cure   * ' *   *   highly recommended for all Affections of the  Respiratory Organs
*?* * its persistent vise produces a beneficient relief in serious as well as desperate?
cases * * * a remedy for all Affections of the Respiratory Organs: Throat,?
Bronchial Tubes and Lungs * * * the use of Gauvin'e Syrup in the treatment of?
more severe cases of * * * Catarrh, as well as Asthma, Whooping Cough, La?
Grippe, Hoarseness and Influenza have proven conclusively the efficacy of this?
remedy * * * especially appropriate for the treatment of pulmonary diseases,?
because it constitutes the best antiseptic combination to check the progress of?
microbes in the respiratory organs * * * it will relieve the worst cases * * *.''?
The remaining consignments were labeled in part: (Bottle) "* * * For *? * *?
'La Grippe,' Whooping-Cough & all Affections of the Throat and Lungs;" (carton)?
"* * * Recommended for * * * 'La Grippe,' Whooping Cough and all?
Throat and Pulmonary Diseases * * * A safe and active Remedy for all Diseases?
of the Respiratory Organs * * * 'La Grippe,' Whooping-Cough and all Throat?
and Lung Diseases;" (circular) "* * *. Successfully used in all Affections of the?
Throat, Bronchi and Lungs * * * especially indicated in the treatment of all?
cases of Coughs, Colds, Catarrh, Asthma, Whooping-Cough, Influenza and in the first?
stages   of   Consumption   *   *   *   Tuberculosis   *   *   *   ailments  of  the i Chest
*?* * Spasmodic Coughs ' * * * Used against all Affections of the Throat,?
Bronchi and Lungs * * * Gauvin's Cough Syrup is fully indicated for the treat??
ment of the most serious cases of Colds, Bronchitis, the most obstinate Catarrhs,?
Asthma, Whooping-Cough, Grippe, Hoarseness, Influenza and the first stages of?
Consumption * * * Tuberculosis and * .* * Epidemic Grippe * * *?
Diseases of the Chest * * * Gastric Disorders;" (wholesale carton) "* * *?
Recommended for Pulmonary Diseases, * * * Affections of the Throat, Bronchial?
Tubes and Lungs, Hoarseness,    *   *   *   La Grippe, Whooping-Cough."
Analysis of a sample of the article by the Bureau of Chemistry of this department?
snowed that it consisted essentially of extractives of wild cherry bark and spruce?
gum, sugar, alcohol, and water.
Misbranding of the article was alleged in substance in the libels for the reason that?
it bore certain statements regarding the curative or therapeutic effects, as above?
quoted, which statements were false and fraudulent in that the articles contained?
no ingredient or ingredients capable of producing the effects claimed.
On July 20, 1920, no claimant having appeared for the property, judgments of?
condemnation and forfeiture were entered, and it was ordered by the court that the?
product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.