24667. Misbranding of Tussamagr.     XT.  S. v.  10 Bottles  of Tussamag.     Default
decree of condemnation and destruction.     (F. & D. no. 35137.    Sample no, 
21516-B.)
This case involved a drug preparation the labeling of which contained un- 
warranted curative and therapeutic claims.
On February 13, 1935, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 10 bottles of Tussa- 
mag at Newark, N. J., alleging that the article had been shipped in interstate 
commerce on or about October 4, 1934, by Dr. Robert M. Froehlich (Right-0 
Products Co.), from New York, N. Y., and charging misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: "Tussa- 
mag   *    *    *    Albert   Mendel   At.ages.   Chemical  Works,   Berlin,   Germany.
* * * Sole agents for the U. S. A.: Right-0 Products.Company Robert M. 
Froehlich, Ph. D. New York, N. Y."
Analysis showed that the article consisted essentially of extracts of plant 
drugs, including thyme, a saponin, glycerin, sugar, alcohol, and water.
The article was alleged to be misbranded in that the following statements 
appearing in the labeling were statements regarding the curative or therapeutic 
effects of the article, and were false and fraudulent:   (Carton)   "Tussamag
* * * Clinically approved in Pharyngitis, Laryngitis, all kinds of Bron- 
chitis,   Bronchial   Asthma   (Dyspnoea),   Pertussis,   Pulmonary   Tuberculosis.
* * * Not less than 6 teaspoonful a day, according to age of patient and 
severity of disease. In Whooping Cough: % to 1 teaspoonful within an hour" : 
(fruit bottle label) "Tussamag"; (back bottle label) "Tussamag The medi- 
cally approved remedy against all diseases of the respiratory tract, especially: 
Pharyngitis, Laryngeal Cough, Bronchitis, Bronchial Dyspnoea, and Whooping 
Cough.   *    *    *   In   Whooping   Cough   *    *    *    In   Attacks   of   Dyspnoea:
* * * Many years' clinical experience in the Hospital for Pulmonary Dis- 
eases"; (circular) "Indications: Acute, subacute and chronic bronchitis, 
broncho-pneumonias, subsequent bronchitis after tuberculosis, broncho-ectasias, 
bronchial asthma, pharyngitis, laryngitis, whooping cough. * * * In at- 
tacks of asthma * * * When used for the treatment of tuberculosis, it 
increases (sic) the metabolism by amplifying the resorption, due to the stimu- 
lating effect of the Saponin [similar statements in foreign languages.]"
On April 29, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.