8231. Misbranding of Millcs Emulsion. IT. S. * * * v. 24 Dozen Large-?
Sizse and 22 Dozen Small-Size Bottles of Millcs Emulsion. Consent?
decree of condemnation and forfeiture.    Product released on bond.
(F. & D. No. 114GO:    I   S. Nos. 15332-r, 15333-r.     S. Nos. E-1815, E-1816.)
On October 8, 1919, the United States attorney for the Western District?
of Virginia, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel for the seizure and?
condemnation of 24 dozen large-size and 22 dozen small-size bottles of Milks?
Emulsion, remaining unsold in the original unbroken packages at Roanoke,?
Va., alleging that the article had been shipped on August .13 and 23, 1919,?
by the Milks Emulsion Co., Terre Haute, Ind., and transported from the State?
of Indiana into the State of Virginia, and charging misbranding in violation?
of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this?
department showed that the article consisted essentially of petrolatum con??
taining small amounts of sirup, glycerin, and flavoring substances such as lemon?
oil and methyl salicylate.
Misbranding of the article was alleged in the libel for the reason that the?
statement in the booklet accompanying it, " Milks Emulsion contains a great?
amount of fat," was false and misleading, since it contained no fat. Misbrand??
ing was alleged for the further reason that the following statements on the?
label of the bottle of both sizes, " Milks Emulsion * * * a valuable remedy?
for dyspepsia, indigestion, catarrh of stomach and bowels * *? * bronchial?
asthma, catarrhal croup, bronchitis * * * especially beneficial in incipient?
consumption," regarding the curative and therapeutic effects thereof, were?
false and fraudulent, as the article contained no ingredient or combination?
of ingredients capable of producing the effects claimed.
On May 31, 1920, the said Milks Emulsion Co., claimant, having filed its?
answer admitting the averments of the libel, judgment of condemnation and?
forfeiture was entered, and it was ordered by the court that the product be
N. J. 8201-S250]      SERVICE A15TB REGULATORY AMTOUNCEMENTS.	171
released to said claimant company upon the payment of the costs of the pro??
ceedings and the execution of a bond in the sum of $50, in conformity with sec??
tion 10 of the act, conditioned hi part that the product be relabeled according to?
law.
E. D. BALL, Acting Secretary of Agriculture.