17929. Misbranding of Creo Terpina Wampole.    TJ. S. v. 11 Dozen Bottles of
Creo Terpina Wampole, Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 25367. I. S. No. 5710. S. No.' 
3629.)
Examination of samples of a drug product, known as Creo Terpina Wampole, 
from the herein-described shipment having shown that the labels bore claims 
of curative and therapeutic properties that the article did not possess, the Sec- 
retary of Agriculture reported the matter to the United States "attorney for the 
District of Porto Rico.
On December 2, 1930, the United States attorney filed in the District Goort 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 11 dozen bottles of Creo Terpina Wampole, alleging that the 
article had been shipped by Yglesias & Co. (Inc.), on or about May 23, 1930,' 
from New York, N. Y., to Porto Rico, and that it was being sold and offered 
N for sale in Porto Rico by the Drug Co. of Porto Rico (Inc.), San Juan, P.' R., 
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, terpin hydrate, glycerophosphates, a trace ?f 
chloroform, alcohol, and water.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements regarding the curative or therapeutic effects of the said 
article, were false and fraudulent, since it contained no ingredient or com-1 
bination of ingredients capable of producing the effects claimed: (Circular 
accompanying the article) " Bronchial and Pulmonary conditions   *   *    *   In 
asthma, whooping coagh and air coughs of a spasmodic nature, and in acute1 
catarrhal inflammations of the respiratory tract, influenza, hay fever   *   *    *' 
relieves spasm and pain, reduces fever, soothes the irritated mucous membrane 
and restores tone to the affected part.   In phthisis, acute or chronic bronchitis,- 
and the bronchial catarrh of the aged, this preparation checks the distressing 
cough and renders the secretions less tenacious. The administration of   *   *   * 
in tubercular pleurisy is followed by the gradual disappearance of the effa 
sion, fever and other symptoms.   *   *   *   by virtue of its stimulant and tonk 
properties due to the glycerophosphates, of calcium and sodium, which it 
contains   *    *    *   increases the weight, strengthens the patient and restores 
his energy."
On January 26, 1931, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTH-DB M. HYDE, Secretary of Agriculture.