10233. Misbranding: of I/ang Gennine. T7. S. * * * v. 14 Bottles and 23?
Bottles * * * of Drag- Products. Default deerees of condem??
nation, forfeiture, and destruction. (F. & D. Nos. 15135, 15136. I. S.?
Nos. 2941-t, 2942-t.    S. Nos. C-3111, C-3112.)
On July 13, 1921, the United States attorney for the Southern District of?
Texas, 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 condemna??
tion of 37 bottles of drugs, at Houston, Tex., consigned on or about September 16,?
1920, and February 2, 1921, respectively, alleging that the article had been?
shipped by the Lung Germine Co.,' Jackson, Mich., and transported from the?
State of Michigan into the State of Texas, and charging misbranding in viola??
tion of the Food and Drugs Act, as amended. The article was labeled in part:?
(Carton) " * * * Use no other lung medicine when using Lung Germine.?
Read carefully the circular accompanying this bottle. * * * Your Lungs;?
Are They Weak Or Painful? 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 Membraneous Lung Disease or Bronchial Irritation. * * *?
Treatment For Relief 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) * * *"? (bottle) "* * * Treatment For Relief Of Defective?
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   *    *    *"
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 substance in the libels for the?
reason that the package or label failed to bear a statement of the quantity of?
alcohol contained therein; for the further reason that the statement on the?
bottle and carton containing the said article, "Alcohol by volume 10 per cent"?
["Contains 10? Alcohol"], was false and misleading; and for the further?
reason that the above-quoted statements regarding the curative or therapeutic?
effect of the said article, appearing on the labels of the said cartons and?
bottles, were false and fraudulent, since the article contained no ingredient or?
combination of ingredients capable of producing the effects claimed.
On October 11,1921, 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.
C. W. PUGS'LEY, Actvng Secretary of Agriculture.