22023. Misbranding of   L.   B.   J.   Cough   Syrup.    V.   S.   v.   238   Packages   of
Li. B. J. Cough Syrup. Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. no. 29971.    Sample no. 20549-A.)
Examination of the product involved in this case disclosed that it contained 
no ingredient or combination of ingredients capable of producing certain cura- 
tive and therapeutic effects claimed in the labeling.
On March 23, 1933, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 238 packages of L. B. J. 
Cough Syrup at New York City, N.Y., alleging that the article had been shipped 
in interstate commerce on or about November 7, 1932, by the Liberty Forward- 
ing & Distributing Co., from Reading, Pa., 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 extracts of plant drugs, including wild cherry, tar, sugar, 
alcohol, and water.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing in the labeling, regarding the curative or thera- 
peutic effects, were false and fraudulent: (Carton) " For Coughs, Colds, Hoarse- 
ness Croup, Bronchitis * * * in severe cases, 1 teaspoonful every hour until 
relieved", (circular) " Sand Paper Throat * * * Relieved immediately 
* * * ' Sandpaper Throat'—That Condition of the Throat that is caused by 
coughs, hoarseness, tonsillitis, whooping cough."
On January 18, 1934, 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.
M. L. WILSON, Acting Secretary of Agriculture.