16398. Misbranding of Mistura creosote compound. U. S. v. 4 Dozen Pack- 
ages of Mistura Creosote Compound. Consent decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 23388. I. S. 
No. 03096.    S. No. 1557.)
On or about February 12, 1929, the United States attorney for the District of 
Connecticut, 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 
condemnation of 4 dozen packages of Mistura creosote compound, remaining 
in the original unbroken packages at New Haven, Conn., alleging that the article 
had been shipped by Charles Killgore, New York, N. Y., on or about January 14, 
1929, and transported from the State of New York into the State of Connecticut, 
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 creosote, alcohol (27.7 per cent), sugar, and water.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative and therapeutic effects of the said article 
were false and fraudulent, (label) "For the treatment of phthisis. It Is 
especially valuable in bronchitis, influenza, and chronic coughs.    *    *    *    For
persistent coughs in Bronchitis and Catarrhal conditions caused by the germ 
laden mucous from the nasal passages running down in the throat and producing 
a severe coughing spell especially at night when lying down. Put two tea- 
spoonfuls of the Mistura Creosote Comp. and ten tablespoonfuls of water in a 
bottle and mix well. One tablespoonful of this mixture .swallowed slowly 
when a coughing spell comes on will give prompt relief," (carton) "For the 
treatment of Phthisis. It is especially valuable in Bronchitis, Influenza, and 
Chronic Coughs * * * in the treatment of Phthisis and all affections of the 
Bronchial Tubes * * * defertilizes the lung tissue and'renders it an un- 
favorable soil for the growth and development of micro-organism. * * * 
Digestive processes are strengthened * * * In Chronic Coughs and Pleurisy, 
pains following Grip, it has been found valuable," in that the article contained 
no ingredient or combination of ingredients capable of producing 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 repre- 
sent falsely and fraudulently to purchasers thereof 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 effective in the 
diseases and conditions named therein.
On April 23, 1929, by consent of the claimant, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the product be 
destroyed by the United States marshal.
AKTHTJE, M. HYDE, Secretary of Affriculture.