18041. Misbranding of Stretcb's balsam wild cherry and borehound.    U. S.
v. 2 1/12 Dozen Bottles of Stretch's Balsam Wild Cherry and Hore- 
hound. Default decree of condemnation, forfeiture, and destruc- 
tion.    F. & D. No. 26015.    I. S. No. 28086.    S. No. 4237.)
Examination of the drug product herein described having shown that the 
battle and carton labels contained statements representing that the article 
possessed curative and therapeutic properties which it did not, the Secretary 
of Agriculture reported the matter to the United States attorney for the 
Eastern District of Pennsylvania.
On March 11, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 2 1/12 dozen bottles of Stretch's balsam wild cherry and horehound, 
remaining in the original unbroken packages at Philadelphia, Pa., consigned by 
the Joseph D. Blauth Estate, Trenton, N. J., alleging that the article had been 
shipped from Trenton, N. J., on or about February 10, 1931, and had been trans- 
ported from the State of New Jersey into the State of Pennsylvania, 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 consisted 
essentially of extracts of plant drugs including wild cherry, menthol, methyl 
salicylate, chloroform, alcohol, sugar, and water.
It was alleged in the libel that the article was misbranded in that the 
following statements appearing in the labeling, regarding the curative or thera- 
peutic effects of the said article, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: (Bottlelabel) "For the cure of coughs * * * sore throat * * * 
croup, asthma, bronchitis, soreness of the lungs, whooping cough and all 
diseases leading to consumption;" (carton) "For Coughs, * * * Sore 
Throat * * * Croup, Asthma, Bronchitis, Soreness of the Lungs, Whooping 
Cough, and all Diseases leading to Consumption. * * * A safe and efficient 
Remedy for Coughs * * * Sore Throat, Asthma, Soreness of the Lungs, 
&c, &c."
On April 1, 1931, 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.
ABTHUB M. HYDE, Secretary of Agriculture.