18364. Misbranding of Marshall's prepared cubeb cigarettes. XJ. S. v. 9 
Gross Small Size, et al., of Marshall's Prepared Cubeb Cigarettes. 
Default   decree    of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 25663.    I. S. No. 12128.    S. No. 3927.)
Examination of Marshall's prepared cubeb cigarettes having shown that the 
carton labels and accompanying circular contained statements representing that 
the article possessed curative and therapeutic properties which it did not pos- 
sess, the Secretary of Agriculture reported to the United States attorney for 
the Northern District of California the interstate shipment herein described, in- 
volving a quantity of the product at San Francisco, Calif.
On January 15, 1931, 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 9 gross, small size, and 6 gross, large size, of Marshall's prepared 
cubeb cigarettes, remaining in the original unbroken packages at San Francisco, 
Calif., consigned by James B. Horner (Inc.), New York, N. Y., alleging that 
the article had been shipped in interstate commerce from New York, N. Y., into
the State of California, in part on or about April 9, and in part on or about 
May 14, 1930, and charging misbranding in violation of the food and drugs 
act as amended.
Analysis of a s?ample of the article by this department showed that it con- 
sisted of ground cubeb fruit and stems.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding the curative or therapeutic effects of the said article, 
appearing in the labeling, were false and fraudulent, since it contained no in- 
gredient or combination of ingredients capable of producing the effects claimed: 
(Small carton) "For Catarrh, Hay Fever, * * * Headache, Asthma, Dis- 
eases of the Throat, &c, &c. * * * For all Throat Diseases, Asthma, Bron- 
chitis, etc., Inhale the Smoke, taking it into the lungs; and immediate relief will 
follow. * * * For Catarrhal Headache they are without a rival;" (cir- 
cular accompanying small package) "A Remedy for Catarrh, * * * Asthma, 
Hay Fever; All Diseases of the Throat; Foul Breath, etc.;" (large carton) 
" For Catarrh, Hay Fever, * * * Asthma, all Diseases of the Throat, Foul 
Breath, &c. * * * For Catarrh, Hay Fever, * * * and other Nasal Dis- 
eases * * * If the nose is stopped up so that it is almost impossible to 
breathe, one or two cigarettes will make the head as clear as a bell. For all 
Throat Diseases, Asthma, &c, inhale the smoke or swallow it, or both, and 
immediate relief will follow. It is an efficient remedy for Offensive breath, and 
will make the most foul breath pure and sweet."
On June 27, 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.
ABTHTJB M. HYDE, Secretary of Agriculture.