10228.?Misbranding? of Lung  Germine.     V. S.     *     *     *     v. 10 Bottles and SO
Bottles * * * of Lung Genuine. Default decrees of condem??
nation, forfeiture, and destruction. (F. & D. Nos. 15137, 15138. I. S.?
No.  666-t.    Inv. No. 31334.    S.  Noa.  C-3113,  C-3117.)
On July 16 and 21, 1921, respectively, the United States attorney for the?
Northern District of Illinois, acting upon a report by the Secretary of Agri??
culture, filed in the District Court of the United States for said district libels?
for the seizure and condemnation of 40 bottles of Lung Germine, at Chicago,?
111., alleging that the article had been shipped in part by the Rox Chemical Co.,?
Louisville, Ky., September 21, 1920, and in part by the Lung Germine Co.,?
Jackson, Mich., May 21, 1921, and transported from the States of Kentucky and?
Michigan, respectively, into the State of Illinois, 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 de??
partment showed that it consisted essentially of sulphuric acid and water with?
small amounts of iron sulphate, alcohol, and aromatics.
Misbranding of the article was alleged in the libels for the reason that the?
package or label did not bear a statement of the quantity or proportion of alco??
hol contained therein. Misbranding was alleged for the further reason that the?
statement on the bottle and carton, "Alcohol by Volume 10 per cent " [" Contains?
10? Alcohol"], was false and misleading in that the said article did not con??
tain 10 per cent of alcohol by volume but did contain a less quantity of alcohol?
by volume, namely, 2.25 per cent. Misbranding was alleged in substance for the?
further reason that the following statements regarding the curative or thera??
peutic effect of the said article, appearing on the labels of the bottle and carton?
containing the same, to wit,  (bottle)  " *    *    *    Treatment For Relief Of De-
N. J. 10201-10250]   SERVICE  AND  REGULATORY ANNOUNCEMENTS.	127
fective Nutrition and for Increasing Strength and General Health where Mucous?
Membranes are Susceptible to Lung Disease and Pulmonary Disorganization?
with Bronchial Irritation. (In Pre-tubercular stages) * * * Use no other?
lung medicine while using Lung Germine. Read carefully the circular accom??
panying this bottle * * *," (carton) "Your Lungs Are They Weak Or Pain??
ful?
 Do your lungs ever bleed? Do you have night sweats? Are you short of?
breath? Have you pains in chest and sides? Do you spit yellow and black?
matter? Do you have pains under your shoulder blades? These Are Regarded?
Symptoms of Lung Trouble Do Not Neglect These Symptoms Keep Lung?
Germine in your home ready for immediate use at the first sign of Mem??
braneous Lung Disease or Bronchial Irritation. * * * Treatment For Re??
lief of Defective Nutrition and for Increasing Strength and General Health?
where Mucous Membranes are -Susceptible to Lung Diseases and Pulmonary?
Disorganization with Bronchial Irritation (In Pre-tubercular Stages) * * *,"?
were false and fraudulent in that the said statements were applied to the?
article so as to represent falsely and fraudulently, and to create in the minds?
of purchasers thereof the impression and belief, that the said article was com??
posed of or contained ingredients or combinations of ingredients effective as a?
remedy for the several diseases, ailments, and afflictions mentioned upon the?
said labels.
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.