13317. Misbranding of Dr. J. S. Rose's whooping cough remedy, V. S. v. 
16 Bottles of Dr. J. S. Rose's Whooping Congh Remedy. Default 
decree of condemnation, forfeitui-e, and  destruction.     (F. & D. No.
19906.     S.  No.  E-5154.)
On March 18, 1925, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying the seizure and 
condemnation of 16 bottles of Dr. J. S. Rose's whooping cough remedy, remain- 
ing in the original unbroken packages at Baltimore, Md., alleging that the 
article had been shipped by Aschenbach & Miller, Inc., from Philadelphia, Pa., 
on or about May 15 and August 22, 1924, and transported from the State of 
Pennsylvania into the State of Maryland, and charging misbranding in viola- 
tion 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 contained sirup, potassium nitrate, arsenic, and a 
cyanide.
Misbranding of the article was alleged in the libel for the reason that the 
following statements, borne on the carton and bottle containing the said 
article, regarding its curative and therapeutic effect, to wit: (Carton) 
" Whooping Cough Remedy * * * Symptoms of Whooping Cough It comes 
on with a slight cough gradually increasing until the patient is almost 
suffocated; the eyes swell and sometimes the whole face, the nose runs, 
there is more or less fever and each spell of coughing ends in vomiting, 
which produces a short respite from suffering, or perfect and complete inter- 
mission from all symptoms. * * * Whooping Cough-What is it Physi- 
cians have unanimously come to the conclusion that Whooping Cough is not 
only clearly spasmodic, but may, if neglected, often run into other diseases-as 
Chronic Inflammation of the Lungs, Consumption and often Dropsy of the 
Chest.    These terminations of the disease, however, they all admit, are only
possible when  badly treated or left to  itself believing it must run  the
course of many months, and which it unfortunately often does, if treated in 
the ordinary way. Discovering early in my practice the disease thus mal- 
treated or misunderstood, I determined to study its Pathology, or nature, and 
having discovered this, I invented this Compound, since which time I have 
seldom seen a case last over one or two weeks-relieving after the first day 
(producing marked improvement) and leaving no bad effect from the disease. 
* * * In Whooping Cough it is not only necessary to use medicine that 
will cause expectoration, but it must also remove spasm of the air-cells, and 
be Tonic in its nature to prevent the frequent returns and long continuation 
of coughing. Therefore, having always relieved the spasms of Whooping 
Cough with this Remedy, we most strongly recommend it to all who have now, 
or may have hereafter, Whooping Cough," (bottle) " Whooping Cough Remedy," 
were false and fraudulent, since the said article contained no ingredient or 
combination of ingredients capable of producing the curative and therapeutic 
effect claimed.
On April 28, 1925, 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.
R. W. DUNLAP, Acting Secretary of Agriculture.