18354. Misbranding and alleged Adulteration of Le Sieur's syrup of tar 
and cod-liver extract. U. S. v. lO Dozen Bottles of Le Sieur's 
Syrup of Tar and Cod Liver Extract. Default decree of con- 
demnation and destruction. (P. & D. No 25253. I. S. No. 3127. S. No. 
3440.)
Examination of a sample of the drug product herein described having shown 
that it was worthless as a source of the vitamins of cod-liver oil, and that the 
bottle and carton labels bore statements representing that the article possessed 
curative and therapeutic properties which it did not, the Secretary of Agri- 
culture reported the matter to the United States attorney for the District of 
New Hampshire.
On November 5,1930, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 10 dozen bottles of Le Sieur's syrup of tar and cod-liver extract, 
remaining in the original unbroken packages at Berlin, N. H., alleging that the 
article had been shipped by the Nemock Specialty Co., from Somerville, Mass., 
on or about December 30, 1929, and had been transported from the State of 
Massachusetts into the State of New Hampshire, 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 chloroform, tar, menthol, a trace of an oily substance with 
a fishy odor, sugar, alcohol, and water. Biological examination showed that 
the article was worthless as a source of cod-liver-oil vitamins.
It was alleged in the libel that the article was adulterated in that its strength 
fell below the following standard under which it was sold: (Carton) "Cod 
Liver Extract * * * Each Fluid Ounce contains * * * Tasteless Ex- 
tract of Cod Liver * * * [in English and French] this syrup contains the 
active principles of * * * cod liver extract;" (bottle, in English and 
French) "Cod Liver Extract."
Misbranding was alleged for the reason that the statements appearing on the 
bottle and carton labels, as above quoted, were false and misleading, since the 
article was worthless as a source of the vitamins of cod-liver oil. Misbranding 
was alleged for the further reason that the following statements in English and 
French, regarding the curative and therapeutic effects of the said articles, were 
false and fraudulent, since it contained no ingredient or combination of ingredi- 
ents capable of producing the effects  claimed: (Bottle)   "Coughs   *   *   *
Bronchitis, Catarrh, Whooping Cough, Croup, Asthma, Etc. * * * For Ca-, 
tarrh * * * Little doses taken morning and evening will protect children' 
apt to contract coughs;" (carton) "Coughs * * * Bronchitis, Catarrh, 
Whooping Cough, Croup and Asthma."
On April 2, 1931, no claimant having appeared for the property, judgment was 
entered finding the product misbranded and ordering that it be condemned and 
destroyed.
ABTHUB M. HYDE, Secretary of Agriculture.