10971.?Misbranding of Euca-Mul.    U.  S.  v. 72  Bottles, et  al,  of Euca-Mul.
Default   decrees   of   condemnation,   forfeiture,   and   destruction.
(F. & D. Nos. 14253, 14254, 14255, 14270. 14271, 14272, 14273, 14274.    S. Nos.?
C-2730, C-2731, C-2732, C-2748, C-2749, C-2750, C-2751.)
On January 27 and 31, 1921, respectively, the United States attorney for the?
Western District of Missouri, acting upon reports 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 25i dozen large bottles and 116| dozen?
small bottles of Euca-Mul, remaining unsold in the original unbroken packages,?
in part at Kansas City and in part at St. Joseph, Mo., alleging that the article?
had been shipped by Edward G. Binz, Los Angeles, Calif., between the dates?
of September 1 and December 20, 1920, and transported from the State of?
California into the State of Missouri, and charging misbranding in violation?
of the Food and Drugs Act, as amended. The article was labeled in part:?
(Large size bottle) " Euea-Mul Binz * * * Indicated In Croup Bronchitis?
Bronchial Asthma Tuberculosis Whooping Cough and other throat and lung?
affections * * * relieves bronchitis and bronchial asthma. Especially ef??
fective in cough of phthisis and Whooping Cough. * * * Manf'd by Edw. G.?
Binz Company * * * Los Angeles, Cal.," (bottle and small size carton)?
" Gives immediate Relief in * * * 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,
N. J. 10$$1~11QOO]     SERVICE ANI> REGULATORY ANNOUNCEMENTS.      587
controls the cough * * *," (circular) "Will * * * relieve any kind of?
cough; will relieve all chronic coughs, and will arrest paroxysms in whooping?
cough * * *, For Whooping Cough * * * Use this method of treatment,?
regularly, and you will find that 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   *   *   *."
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 was alleged in substance in the libels for the?
reason that the above-quoted statements, appearing in the labels of the said?
bottles and cartons and in the accompanying circular, as the case might be,?
were false and
 fraudulent in that the said article did not contain any ingredi??
ent or combination of ingredients capable of producing the curative and thera??
peutic effects claimed in the said statements.
On September 17 and 19, 1921, respectively, 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. PTJGSLEY, Acting Secretary of Agriculture.