16942. Adulteration  and Misbranding of Zunical.    tT.  S.  v.  123  Bottles  of
Zunieal. Default decree of adulteration and misbranding. Prod- 
uct ordered destroyed. (F. & D. No. 23873. I. S. No. 07113. S. No. 
2054.)
On July 9, 1929, the United States attorney for the Southern District of 
California, 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 oi 128 bottles of Zunical, remaining in the original unbroken 
package at Los Angeles, Calif., alleging that the article had been shipped by 
Antonio A. Zuniga from New York, N. Y. on or about February 23, 1929, 
and transported from the State of New York into the State of California, and 
charging adulteration and 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 eggs, creosote, copaiba, sugar, and water.
It was alleged in the libel that the article was adulterated in that it was 
sold under the following standard of strength, "Antiseptic," whereas the 
strength of said article fell below such professed standard.
Misbranding was alleged for the reason that the statement contained in 
the circular, "Antiseptic," was false and misleading. Misbranding was alleged 
for the further reason that the following statements regarding the curative 
and therapeutic effects of the article, appearing on the labeling, were false 
and fraudulent in that the said article contained no ingredient or combination 
of ingredients capable of producing the effects claimed; (Bottle label) "For 
the spasms of the Asthma and the Bronchitis, * * * Grippe, Croup, etc.; " 
(Spanish portion of bottle label) "Gives marked alleviation to those suffering 
with coughs and catarrhs, no matter of how long standing, whooping cough, 
bronchitis and asthma. The alleviation is attained after the first doses; " 
(Italian portion of bottle label) "For alleviating quickly and to a marked 
degree those suffering with coughs * * * of however long standing they 
may be, whooping cough, bronchitis and asthma;" (pink circular) "Tonic 
* * * Anticatarrhal * * * aid in Certain Respiratory Irritations * * * 
Reconstituent. The Respiratory tract of the body is often easily affected. 
Coughs, Catarrhs, Grippe, Asthmatic Attacks, Bronchitis, Irritations, Whooping- 
Cough, constitute some of the most frequent maladies, from which hardly 
anyone is exempt. It has been found that ' Zunical' is an aid to promote 
quick and effective relief in cases of Asthmatic Attacks and Respiratory irrita- 
tions. * * * with its aid, a great number of patients have regained their 
health. * * * After a few doses, the cough becomes easier, less frequent, 
and the purulent sputum is quickly modified and in a short time expelled. 
With the first few doses which enter the system a patient experiences quick 
relief. * * * In some cases a few bottles would be only necessary to obtain 
substantial relief."    (Similar statements in Spanish.)
On August 28, 1929, no claimant having appeared for the property, a decree 
was entered adjudging the product adulterated and misbranded, and ordering 
that it be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.