16356. Misbranding of Lungremed. U. S. v. 42 Bottles of Lungremed, T>efault decree of condemnation, forfeiture, and' destruction (F. & D. No. 23481. I. S. No. 07537. S. No. 1645.) On March 6, 1929, the United States attorney for the Eastern District of Texas, acting upon a report by the Secretary of Agriculture, filed in the. District Court of the United States for said district a libel praying seizure and con- demnation of 42 bottles of Lungremed, remaining in the original unbroken packages at Port Arthur, Tex., alleging that the article had been shipped by Dr. W. D. Stokes, from Baton Rouge, La., January 7, 1929, and ti'ansported from the State of Louisiana into the State of Texas, 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 ammonium and potassium salts, carbonates, iodides, and creosote flavored with oil of Depnermint. It was alleged in the libel that the article was misbrande.d in that the fol- lowing statements regarding the curative and therapeutic effects of the said article, to wit, (bottle label) "Lungremed * * ?* For Tuberculosis, Asthma, Bronchitis, * * * Coughs, Hay Fever and Flu," (booklet) " Lungremed * * ? * for Tuberculosis, Asthma, Bronchitis, Hay Fever, Flu, * * * and Coughs * * * Tuberculosis. Take according to directions prescribed on bottle. In case of Hemorrhages take tablespoonful. Lungremed has in prac- tically all cases given instant relief from lung hemorrhages. Symptoms of Recovery. Excess expectoration from the lungs may be expected, patient ceases coughing, gradual disappearance of temperature, gain of appetite and increase in weight. Asthma. Take Lungremed according to directions. If attacked by smothering * * * Bronchitis * * * and Coughs. Follow directions closely as prescribed on bottle. In case of incessant coughing sip a small amount of Lungremed. In most cases this has proven very effective in giving relief. Hay Fever and Flu. Follow directions on the bottle. * * * I con- tracted Asthma. * * * During the four years that I had Asthma I was wnable to lie in my bed and sleep and was compelled to spend night after night in a chair, as I was able to sleep only in an upright position. * * * I * * * ?discovered a preparation which entirely cured me and which has been trade marked 'Lungremed.' * * * after curing myself of Asthma an abscess formed on my lungs. * * * I again resorted to my ' Lungremed' and the results were marvelous; in a short time I was completely cured and am now ?enjoying the best of health. The * * * evidence of the results from 4 Lungremed' is the fact that * * * the * * * Insurance Company is- sued to me an ordinary life insurance policy, * * * During the * * * time ' Lungremed' has been on the market the results obtained by its many users have exceeded my greatest expectations; * * * if ' Lungremed' is taken according to directions anyone suffering from Tuberculosis, Asthma, Bron- chitis, Hay Fever, etc., will be greatly benefited. * * * and see the "results obtained from the use of ' Lungremed ' in the treatment of Tuberculosis, Asthma, Bronchitis, Hay Fever, Flu, * * * and Coughs. * * * my son was taken sick with Typhoid Pneumonia. * *? * the Doctors pronounced him Tuber- cular * * * I brought him out of the Hospital in a wheel-chair * * * he. had to be carried into the house. I immediately began giving him ' Lungremed.' In only a short time my boy was able to walk about and from then on his condition rapidly improved until he was able to return to work * * * He has lost no time since resuming work * * * has picked up in weight from 124 pounds before being sick to 145 pounds at the present time. * * * ' Lungremed.' It is a God-send to sufferers from Lung trouble. * * * friends * * * whom I have recommended ' Lungremed' * * * have obtained wonderful results. * * * I was a * * * sufferer of Asthma and was advised to take ' Lungremed.' After I started taking your medicine I had only one Light attack of Asthma. Since taking several bottles of ' Lungremed' the results have been wonderful. I feel fine and never have even a symptom of Asthma and as a result I firmly believe I am cured. * * * I had been a constant sufferer of Hay Fever. * * * I bought a bottle of your ' Lungremed ' and took it * * * Since then I have never been troubled with even the symptoms of Hay Fever. As a result I believe I am entirely immuned of the dreaded malady. * * * I have taken one bottle of ' Lungremed' and it did me lots of good. Before taking it I had a little cough and pains in my chest but ' Lungremed' stopped them at once. * * * * * * ' Lungremed' * * * others who suffer with chronic coughs * * * what wonderful results I have had from ' Lungremed.' * * * feeling so fine after taking the bottle, of ' Lungremed ' *' * * I have not had an attack of Hay Fever since I have taken the first dose. My Hay Fever had been with me seven years when I went to your home and the day I called at your house I was suffering tortures; eyes and nose running clear watery stuff and I was sneezing every few minutes. At nights it was impossible to get a good night's sleep without propping myself up in bed. Sometimes I could hardly get my breath. Every time I made a trip into the country or in the woods I would pay dearly for it through loss of sleep and suffering. * * * After all this suffering and inconvenience, * * * I must be thankful for having learned of ' Lungremed ' and given it a trial. * * * this great medicine for. * * * one suffering from Hay Fever * . * * my * * * son was a sufferer from Asthma * * * nothing seemed to relieve him until I tried your ' Lungremed.' After using four bottles according to directions on bottle he. has apparently been cured with no return of the Asthma for the past nine months. * * * I had a hemorrhage from the Lungs and ray Doctor thought I could not live. I was advised to take Lungremed and since taking several bottles I have gained in weight and feel like a new person. * * * I have suffered tor- tures with Hay Fever and Asthma. * * * my son * * * bought a bottle and sent me to try. The relief I have enjoyed is certainly wonderful. During the entire summer there are very few nights that I have been able to lie down for years. Not since I began the ' Lungremed' has my rest been disturbed. * * * I was a sufferer of Asthma and was advised to try ' Lungremed.' It acted like a charm. After taking my first bottle I was entirely relieved of smothering spells. I have taken four bottles and never have even a symptom of Asthma. * * * I had throat and bronchial trouble so badly that I ?coughed all the time. I could speak only in a whisper. * * * I tried your ' Lungremed' and commenced to improve at once. I soon got my voice back to normal and after taking several bottles I am entirely well. * * * I was sick all the. time. I coughed every breath; I was thin and pale and had no ?appetite. * * * A friend * * * told me of your ' Lungremed' and after taking seven bottles the doctors pronounced me well. * * * everyone who suffers from Lung trouble might know of this wonderful medicine. '* * * few months ago after being X rayed it was found he had a spot on one of his lungs, * * * We were told * * * of your wonderful medicine * * * At the. time he started to take this medicine he weighed 96 pounds and in six weeks time he weighed 108 pounds. * * * after an X-ray examination we were surprised to have the Doctor pronounce him cured. ., * * * what a blessing and God-send your medicine is to this terrible disease. * * * I suffered from Asthma and was in bed most of the time. * * * A friend advised me to take your ' Lungremed,' * * * After taking two bottles of this wonderful medicine I can say that I am completely cured. * * * I was an invalid and my doctor pronounced my case tuberculosis. I grew worse all the time * * * I heard about * * * ' Lungremed' * * * After tak- ing three bottles, my cough stopped, I had gained 15 pounds and I was pro- nounced cured. * , * * I am still entirely well. * * * I have been a suf- ferer of Asthma for about thirty jjears * * * A lady * * * told me about Dr. W. D. Stokes' ' Lungremed.' * * * my friend * * * ordered two bottles of ' Lungremed.' I commenced taking it regularly. * * * By the time I took the third bottle I did not feel the Asthma any more and now I am so thankful that I can go to church at night and enjoy myself. * * * I suf- fered from Asthma. I could not sleep for coughing and smothering. I tried your Asthma medicine and after taking two bottles I was completely cured. * * * I am now well * * ' * one suffering with Asthma not to give up until they have tried this wonderful medicine. * * * I was an invalid * * * They all said I had tuberculosis. I had several severe hemorrhages from the lungs and was so weak I could scarcely walk. * * * A friend asked me to try your ' Lungremed,' which I did. To my surprise I started im- proving right away. At the time I started takingthis medicine I weighed only ?90 pounds and after taking several bottles I weighed 125 pounds; feel fine * * * I was laid up for eight weeks with a very bad case of Bronchitis. Six weeks of this time I was forced to spend the night in a chair as I almost ?choked to death when I tried to lie down in bed. * * * Mr. L. U. Babin * * * sent me a bottle of ' Lungremed.' I started taking at once and it acted like a charm. One bottle put me on my feet and all my friends were surprised at my speedy recovery. I highly recommend ' Lungremed' to anyone suffering from any disease of the lungs, throat or hronchial tubes, four medicine is a God-send to suffering humanity," were, false and fraudulent in that the said article contained no ingredient or combination of ingredients capable of pro- ducing the effects claimed, and in that the said statements were applied to the article knowingly and in reckless and wanton disregard of their truth or falsity, so as to falsely and fraudulently represent to purchasers and create in the minds of such purchasers the impression and belief that the article was in whole or in part composed of or contained ingredients or medicinal agents effec- tive in diseases, affections, and conditions therein named and referred to for treatment. On April 2, 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. R. W. DXJNLAP, Acting Secretary of Agriculture.