10128.  Misbranding   of   McMullin's   tonic.     TJ.   S.     *      *     *     v.   22   Half-Pint?
Bottles, et al, of     *     *     *     McMullin's Tonic.     Default decrees of
condemnation,   forfeiture,   and   destruction.     (F.   &   D.   Nos.   14872,?
14873.    I. S. Nos. 10810-t, 10814-t.    S. Nos.  W-947, W-948.)
On July 21, 1921, the United States attorney for the District of New Mexico,?
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?
30 half-pint bottles and 3 pint bottles of McMullin's tonic, remaining unsold in?
the original packages, in part at Las Vegas and in part at Albuquerque, N. Mex.,?
alleging that the article had been shipped by the Tilden McMullin Co., Sedalia,?
Mo., October 8, 1920, and April 9, 1921. respectively, and transported from the?
State of Missouri into the State of New Mexico, and charging misbranding in?
violation of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed that it consisted essentially of glycerin, alcohol, and water, with?
traces of iodid and phenol.
Misbranding of the article was alleged in substance in the libels for the reason?
that the bottles containing the said article bore the following statements regard??
ing its therapeutic and curative effects, to wit, " * * * Tonic * * * Affords?
great relief in cases of Coughs, Colds, Consumption, Asthma, Catarrh and?
Bronchitis," which statements were false and fraudulent in that the said article?
contained no ingredient or combination of ingredients capable of producing the?
results claimed.
On November 14, 1921, no claimant having appeared for the property, judg??
ments of condemnation and forfeiture were entered, and it was ordered by the?
court that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.