9851. Misbranding of Dr. Hooker's congh and croup sirup.     17. S.     *      *     *
v.   Charles   B.   Kingsley.     Plea   of   nolo   contendere.     Inforniation 
placed on file.     (F. & D. No. 13947.    I. S. No. 13188-r.)
On March 14, 1921, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against Charles B. 
Kingsley, Northampton, Mass., alleging shipment by said defendant, on or about 
August 29, 1919, in violation of the Food and Drugs Act, as amended, from the 
State of Massachusetts into the State of Connecticut, of a quantity of Dr. 
Hooker's cough and croup sirup which was misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that it contained oil of anise, oil of wintergreen, alcohol, 
sugar, water, bloodroot, and a balsam, probably told.
Misbranding of the article was alleged in substance in the information for 
the reason that certain statements, designs, and devices regarding the curative 
and therapeutic effects thereof, appearing on the labels of the bottles contain- 
ing the said article and in an accompanying wrapper, falsely and fraudu- 
lently represented it to be effective as a treatment, remedy, and cure for croup, 
catarrh, whooping cough, asthma, incipient consumption, and all diseases of the 
throat and lungs, and effective as a preventive for croup and consumption, 
when, in truth and in fact, it was not.
On June 10, 1921, the defendant entered a plea of nolo contendere to the 
information, and the court ordered the information placed on file.
C. W. PUGSLEY, Acting Secretary of Agriculture.