16874. Misbranding1 of Dr. J. H. McLean's tar wine cough balm. TJ. S. v. 
22 Bottles of Dr. J, H. McLean's Tar Wine Cough Balm. Default 
decree of condemnation, forfeiture, and destruction.     (F. & D. No.
23487.    I. S. No. 05030.    S. No. 1644.)
On March 4, 1929, the United States attorney for the District of Kansas, act- 
ing 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 
22 bottles of Dr. J. H. McLean's tar wine cough balm at Atchison, Kans., 
alleging that the article had1 been shipped by the Dr. J. H. McLean Medicine 
Co., from St. Louis, Mo., on or about November 10, 1928, and transported from 
the State of Missouri into the State of Kansas, 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 small amounts of extracts of plant drugs including 
glycyrrhlza, wood tar, sugar, alcohol, and water.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the therapeutic or curative effects of the said article, 
borne on the labels of the bottles, cartons, and in the circulars, (bottles) " For
* * * Coughs * * * Influenza or La Grippe, Whooping Cough and Spas- 
modic Croup.    *    *    *   para    *   *    *   Toses,    *    *    *   Influenza, La Grippe,
* * * Feriuay, Crup Espasmodico," (carton) "Coughs * * * Influenza 
or La Grippe, Whooping Cough and Spasmodic Croup," (small circular) 
" For * * * Coughs * * * Hoarseness, La Grippe or Influenza," 
(large circular) "Coughs * * * Influenza, La Grippe, Whooping Cough, 
Spasmodic Croup, * * * Coughs * * * If you have a Cough, take Dr. 
J. H. McLean's Tar Wine Cough Balm * * * Some people have old coughs 
which they have been troubled with for a long time. Dr. J. H. McLean's Tar 
Wine Cough Balm will tend to relieve them," were false and fraudulent 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 represent falsely and fraudulently to the purchasers thereof 
and create in the minds of such purchasers the impression and belief that 
it was effective in the diseases and conditions named therein.
On June 15, 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.
ARTHUR M. HYDE, Secretary of Agriculture.