10316.?Misbranding of Lung Genuine.     17. S.    *    *    *    v. 9 Bottles of    *    *    *
Lnng Germine * * * Defanlt decree of condemnation, forfei??
ture, and destrnction. (F. & D. No. 15113. I. S. No. 10930-t. S. No.?
W-992.)
On July 6, 1921, the United States attorney for the District of Oregon, acting?
upon a report by the Secretary of Agriculture, filed in the District Court of?
the United States for said district a libel for the seizure and condemnation of?
9 bottles of Lung Germine, remaining in the original unbroken packages at?
Portland, Oreg., alleging that the article had been shipped by the Lung Germine?
Co., Jackson, Mich., June 9, 1921, and transported from the State of Michigan?
into the State of Oregon, 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, alcohol, and?
water, with small amounts of material derived from cod-liver oil, iron sul??
phate, and spices.
Misbranding of the article was alleged in substance in the libel for the reason?
that the bottles containing the said article failed to bear on the labels thereof?
a statement of the quantity and proportion of alcohol contained therein, in that?
the article contained 2.25 per cent of alcohol, whereas the labels falsely stated?
that it contained 10 per cent of alcohol.    Further allegations in the libel with
174	
BUREAU  OF   CHEMISTRY.	
[Supplement 137,
reference to the false and fraudulent statements as to the curative and thera??
peutic effect of the said article, appearing in the labeling thereof, are substan??
tially the same as those set forth in detail in Notice of Judgment No. 9958, to?
which reference is made.
On March 27, 1922, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was 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.