9383. Misbranding of Gauvin's Cough Syrup and Sirup Dennis. U. S. * * » v. 133 Bottles of Gauvin's Cough Syrup, et al., and 126 Bottles of Sirup Anis, et al. Default decrees of condemnation, forfeiture, and destruction. (F. & D. Nos. 12485 to 12495, inclusive, 12620 to 12639, in- clusive, 12644 to 12654, inclusive, 12654-a, 12671, 12685 to 12691, inclusive, 12752 to 12755, inclusive, 12782 to 12787, inclusive, 12846, 12847, 12862, 12863, 12870. I. S. Nos. 314-r, 316-r, 321-r, 323-r, 313-r, 315-r, 317-r, 318-r, 319-r, 320-r, 322-r,1 306-r, 13088-r, 301-r, 13247-r, 309-r, 310-r, 324-r, 17805-r, 13249-r, 303-r, 307-r, 308-r, 13087-r, 13248-r, 13250-r, 311-r, 312-r, 325-r, 326-r, 13246-r, 328-r, 336-r, 332-r, 339-r, 338-r, 337-r, 335-r, 329-r, 333-r, 334-r, 331-r, 330-r, 327-r, 13091-r, 340-r, 342-r, 341-r, 343-r, 302-r, 346-r, 489-r, 488-r, 483-r, 486-r, 17806-r, 17807-r, 17812-r, 17808-r, 17809-r, 17811-r, 17810-r, 471-r, 469-r, 470-r, 472-r. S. Nos. E-2123 to E-2133, in- clusive, E-2137, E-2140, E-2135, E-2151, E-2138, E-2139, E-2148, E-2149; E-2152, E-2142, E-2144 to E-2146, inclusive, E-2150, E-2155, E-2154, E-2153, E-2156 to E-2158, inclusive, E-2173, E-2175 to E-2177, inclusive, E-2184, E-2166, E-2169, E-2172, E-2167, E-2168, E-2170, E-2171, E-2183, E-2200, E-2207, E-2214, E-2215, E-2213, E-'2141, E-2206, E-2264, E-2268, E-2269, E-2267, E-2284, E-2286, E-2288, E-2287, E-2295, E-2289, E-2332, E-2340, E-2345, E-2349, E-2350.) During May and June, 1920, the United States attorney for the District of New Hampshire, acting upon reports by the Secretary of Agriculture, filed in the District Court of the United States for said district libels for the seizure and condemnation of approximately 4,542 bottles of Gauvin's Cough Syrup and approximately 6,400 bottles of Sirup Dennis, at various points in New Hamp- shire, alleging that the articles had been shipped during the years 1916, 1917, 1918, 1919, and 1920, by J. A. E. Gauvin, Lowell, Mass., and transported from the State of Massachusetts into the State of New Hampshire, and charging mis- branding in violation of the Food and Drugs Act, as amended. The bottles con- taining the cough sirup were labeled: (English) " * * * For * *" * ' La Grippe,' Whooping-Cough & all Affections of the Throat & Lungs." A portion of the cartons in which the bottles were inclosed were labeled: (English and French) "* * * 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." The circulars inclosed in these cartons were labeled: (English) "* * * Successfully used in all affections of the Throat, Bronchi and Lungs. * * * especially indicated in the treat- ment of all cases of Coughs, Colds, Catarrh, Asthma, Whooping-Cough, Influ- enza and in the first stages of Consumption. * * * Tuberculosis * * * ailments of the Chest; * * * Spasmodic Coughs, * * *;" (French) «* * * Used against all Affections of the Throat, Bronchi and Lungs, * * * Gauvin's Cough Syrup is fully indicated for treatment of the most serious cases of Colds, Bronchitis, the most obstinate Catarrhs, Asthma, Whoop- ing Cough, Grippe, Hoarseness, Influenza and the first stages of Consumption,. * • * * Tuberculosis * * * Epidemic Grippe * * * Disease of the Chest * * * Gastric Disorders." Other cartons containing the cough sirup were labeled: (English and French) "* * * Recommended For 'la Grippe' Whooping Cough and all Throat and Pulmonary Diseases. * * * for all Diseases of the Respiratory Organs * * *." The circulars inclosed in these cartons were labeled: (English and French) "* * * the greatest possibili- ties of a radical cure. * * * highly recommended for all Affections Of The Respiratory OrKans. * * * its persistent use produces a beneficent 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's 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. * * * espe- cially appropriate for the treatment of pulmonary diseases, because it consti- tutes the best antiseptic combination to check the progress of microbes in the respiratory organs, * * * it will relieve the worst cases * * *." The bottles containing a portion of the Sirop Dans were labeled: (English) " * * * 2por Rabies * * * This preparation is highly recommended in cases of Colic, Dysentery, Sleeplessness and painful dentition * * *;" (French) "For Babies This syrup is administered in cases of Colic, Diarrhea, Dysentery, painful Dentition, Sleeplessness, Coughs, Cold, etc." The remainder of the Sirop Dennis was labeled on the bottles as follows: "* * * For Babies * * * A preparation for soothing pain in cases of Colic, Dysentery, Coughs & Colds, recommended for babies and children when process of dentition is painful." All of the cartons containing these bottles were labeled: (English) »* * * jpor Babies * * * This Syrup is administered for Infantile Colics, Dysentery, Coughs, Colds, Sleeplessness, etc.;" (French) "For Babies This syrup is administered in cases of colic, Diarrhea, Dysentery, Painful Denti- tion, Coughs, Colds, Sleeplessness, etc." The circulars inclosed in these cartons were labeled: (English) "* * * (For Babies) * * * A preparation for soothing pain in cases of Colic, Dysentery, Coughs, Colds and Sleeplessness. Recommended for babies and children when the process of dentition is painful;" (French) "For Babies * * * A preparation for soothing pain in cases of Colic, Dysentery, Colds and Chills (Refroidissements). Recommended for babies and children when dentition is painful and when wanting sleep." Analyses of samples of the articles by the Bureau of Chemistry of this depart- ment showed that the cough sirup consisted essentially of extractives of wild cherry bark and spruce gum, sugar, alcohol, and water, and that the sirup of anise consisted essentially of morphine acetate, alcohol, oil of anise, sugar, and water. It was alleged in substance in the libels that the articles were misbranded for the reason that the above-quoted statements upon the labels on the bottles and wrappers and included in the circulars aforesaid were false and fraudulent in that the products contained no ingredient or combination of ingredients capable of producing the effects claimed. On May 31, 1921, no claimant having appeared for the property,' judgments of condemnation and forfeiture were entered, and it was ordered by the court that the products be destroyed by the United States marshal. B. D. BALL, Acting Secretary of Agriculture.