18068. Misbranding of ctibeb cigarettes. TT. S. v. 5 Dozen Boxes of Prime 
Cubeb Cigarettes. Default decree of condemnation, forfeiture, 
and destruction.    (F..& D. No. 25852.    I. S. No. 9757.    S. No. 4079.)
Examination of cubeb cigarettes from the shipment herein described having 
shown that the label of the package bore 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 District of Maryland.
On February 2, 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 five dozen boxes of cubeb cigarettes, remaining m the original un- 
broken packages at Baltimore, Md., alleging that the article had been shipped 
by the Superior Medicated Products Corporation, from New York, N. Y., on or 
about October 18, 1930, and had been transported from the State of New York 
into the State of Maryland, and charging misbranding in violation of the food j 
and drugs act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted of cigarettes made of coarsely ground cubeb.
It was alleged in the libel that the article was misbranded in that the 
following statements regarding the curative or therapeutic effects of the said 
article, were false and fraudulent, since it contained no ingredient or combina- 
tion of ingredients capable of producing the effects claimed: (Package) "A sure 
relief for Catarrh, Asthma, Hay Fever, Headache * * * and all Diseases 
of the Nose and Throat. * * * peculiar efficacy in acute and chronic dis- 
eases of the nose and throat."     ,
On March 23, 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.
ABTHUE M. HYDE, Secretary of Agriculture*