10750.?Misbranding of Euca-Mul.     V. S. v.  12 Dozen Bottles  of Enca-Mnl,
et al.    Default decrees of condemnation, forfeiture, and destruc??
tion.     (F. & D. Nos. 14218 to 14222, incl.    S. Nos. C-2704 to C-2708, incl.)
On or about January 21, 22, and 23, 1921, respectively, the United States attor??
ney for the Northern District of Illinois, 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 311* dozen 16-ounce bottles and?
28H dozen 2?-ounce bottles of Euca-Mul, at Chicago, 111., alleging that the?
article had been shipped by the Edward G. Binz Co., Los Angeles, Calif., on or?
about March 17, November 26, December 4, 5, and 6, 1920, respectively, and?
transported from the State of California 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 of an emulsion of eucalyptus oil, reducing?
sugar, glycerin, gum, alcohol, and water.
Misbranding of the article w^is alleged in substance in the libels for the reason?
that the following statements, appearing on the carton enclosing the article?
contained in the 16-ounce bottles, to wit, " Croup * * * Bronchial Asthma?
Tuberculosis Whooping Cough and other throat and lung affections * * *?
relieves * * * bronchial asthma. Especially effective in cough of phthisis?
and Whooping Cough * * *," and the following statements, appearing on?
the cartons enclosing the article contained in the 2J-ounce bottles, to wit,?
" Gives immediate Relief in * * * Asthma, Croup, Pneumonia, Whooping?
Cough, Consumption and any Lung or Throat Trouble * * * excellent for?
all Chronic Throat and Lung troubles. It builds up resisting power in patient,?
controls the cough * * * Will * * * relieve any kind of cough; will?
relieve all chronic coughs, and will arrest paroxysms in whooping cough * * *?
For Whooping Cough * * * Use * * * and * * * you will control?
the whooping cough in a short time. Consumption. In this trouble, use Euca-?
Mul * * * for the effect in the disease, regardless of the cough * * *?
Asthma. This disease should be treated with Euca-Mul * * * Croup * * *?
Euca-Mul will be appreciated in this disease. The persistent use of Euca-Mul?
brings the best result. * * *," regarding the curative or therapeutic effect?
of the said article, 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 the purchasers thereof the impression and belief that the said?
article was composed of, or contained, ingredients or medicinal agents or com??
binations of ingredients, effective as a remedy for the several diseases, ail??
ments, and afflictions mentioned upon the respective cartons containing the?
said articles.
On November 14, 1921, April 21, and May 10, 1922, no claimant having?
appeared for the property, judgments of condemnation and forfeiture were en??
tered, and it was ordered by the court that the product be destroyed by the?
United States marshal.
C. W. PTJGSLET, Acting Secretary of Agriculture.