36272. Misbranding of Dr. M. Hermance's astbma and hay fever medicine 
U. S. v. 2% Dozen, et al., Bottles of Dr. M. Hermance's Asthma anc 
Hay Fever Medicine. Default tiecree of condemnation, forfeiture 
and destruction.     (F. & D   No   23361      I   S. No. 05779.     S. No. 1512.)
On February 6. 1929. the United States attorney for the District of New 
Hampshire, acting upon a report by the Secretary of Agriculture, filed in tn< 
District Court of the United States for said district a libel prajing seizure 
and condemnation of 2% dozen $1.00 size bottles and % dozen $5.00 size bottles
f" of Dr. M. Hermance's asthma and hay fever medicine, remaining in the original
unbroken packages at Concord. N. H., alleging that the article had been shipped
by C. A. Bell, from Lowell, Mass., on or about January 5, 1929, and transported
f from the State of Massachusetts into the State of New Hampshire, and charging
misbranding in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of potassium iodide, extracts of plant material, including 
licorice, alkaloids of lobelia, alcohol, and water.
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " This medicine contains nothing injurious to the most 
delicate constitution," regarding the said article was false and misleading. 
Misbranding was alleged for the further reason that the following statements 
regarding the curative and therapeutic effects of the article, (label) " Dr. M. 
Hermance's Asthma and Hay Fever Medicine * * *. These distressing 
ailments have in this prescription a prompt and effective remedy for relief. 
(Design of bell) Dr. M. Hermance's Asthma Medicine. Directions * * *. 
For asthma, first two days, one-half teaspoonful four times a day after meals 
and on retiring, then increase * ? *. If you have a bad attack, take the 
medicine every twenty minutes, increasing each dose until relieved * * *. 
Hay fever   *    *    x.    You should start the treatment six weeks before period
* *   *.    For    Bronchial   Troubles    "    *    *    For    All   Catarrhal   Troubles
* *   *   For Coughs   *    ""=    *    Influenza.    Special Directions.   This medicine
* * * should be taken in doses sufficiently large to arrest the paroxysm 
and enable the person to breathe perfectly free. When the dose prescribed on 
the label fails to produce entire relief, repeat the dose every fifteen or twenty 
minutes, increasing the quantity each time until full relief is secured * * *. 
Use Hermance's Asthma and Hay Fever Medicine as directed, otherwise the 
good effects of a good medicine may be lost," (strip label on neck of bottle) 
"To break an attack of Asthma take every 15 or 20 minutes, increasing each 
dose until relieved," (carton) " Dr. M. Hermance's Asthma and Hay Fever 
Medicine * * *. These distressing ailments have in this prescription a 
prompt and effective remedy for relief   *    *    *.   Brings quick relief to sufferers
? from asthma and hay fever * * *. This Medicine is a Body Builder, also 
used for Catarrhal, Bronchial, and Heart Trouble with Best of Results. Good 
for the Whole Family for Coughs * * * Flu, and All Bronchial Troubles," 
(circular enclosed in display carton) "That Terrible Disease Asthma, so long 
considered incurable, is invariably relieved by the use of Dr. M. Hermance's 
Asthma and Hay Fever Medicine. A medical compound, which, when properly 
and perseveringly used, seldom fails to give relief. It is (Emphatically) 
the Medicine that should be in the possession of every person afflicted with that 
Disease; as it relieves at once the difficulty of breathing and sense of suffoca-
l tion that constitute the characteristic symptoms of that disease. And by 
\ continuing its use daily between the paroxysms it removes, by its alterative 
\ influence, that morbid condition upon which the disease depends. Many per- 
sons make a great mistake in taking this Remedy for the Asthma. 'Acting upon 
the belief that it cannot be cured,' they leave off taking the medicine as soon 
; as relieved and resort to it again only as an attack of the suffering returns; 
thus getting only relief, when by continuing the Medicine as directed, they 
could not only lengthen the period between the attacks, but break them up alto- 
gether. The Effects of Dr. M. Hermance's Asthma and Hay Fever Medicine 
are very different from the many so-called cures for these diseases, which are 
j&erely anti-spasmodics, sedatives, etc.. and at best give but temporary relief. 
Hermance's Asthma and Hay Fever Medicine, by acting through the Blood, 
builds up the Constitution and restores the Nervous System to a normal con- 
ation, thus effecting a recovery. In some cases, when the disease is of long 
standing or complicated with other maladies, a longer time than usual is required 
r m which to overcome the severity and stubbornness of the disease. Of course. 
\ Hj Performing this work a little time and perseverance is required to bring 
??he system fully under the effects of the Remedy, but once this is accomplished 
**te improvement is rapid and certain. Hundreds can testify to the curative 
Powers of this Medicine over Asthma. If suffering from the disease, procure 
a bottle and test it for yourself.   This medicine tends to improve the Blood
? j^u build up the body, and is good for Catarrhal troubles   *    *   *.   Directions.
* * for Asthma first two days, one-half teaspoonful four times a day after 
*&eals and on retiring, then increase the dose * * '. If you have a bad attack 
tase the medicine every twenty minutes,  increasing each dose  till  relieved.
Dose for Child.-You should take this medicine four times a day. whether 
your asthma is trouKling jou OT not. till you are sure that you are free from 
the attacks of asthma.   Bad cases of long standing should take this medicine
* * *. Hay Fever * * *. Yon should start treatment six weeks before 
period.   For   Coughs   *   *    *    Influenza    *    *    *.   For  Bronchial   Troubles
* * *. For all Catarrhal Troubles * * *? use Hermance's Asthma and 
Hay Fever Medicine as directed, otherwise the good effects of a good medicine 
may be lost. (On the design of a bell) Dr. M. Hermances Asthma Medicine," 
were false and fraudulent in that the article contained no ingredient or com- 
bination of ingredients capable of producing the effects claimed, and that the 
same were applied to the articles knowingly and in reckless and wanton dis- 
regard of their truth or falsity, so as to represent falsely arid fraudulently 
to the purchasers thereof and create in the minds of purchasers thereof the 
impression and belief that the article was in whole or in part composed of or 
contained ingredients or medicinal agents effective in the diseases and condi- 
tions named therein.
On March 27, 1929. 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.
ABTHTJB M. HTDE, Secretary of Agriculture,