5456.?Misbranding-  of  Milks  Emulsion.     U.   S.     *     *     *     v.  42   Dozen  Large
Bottles and (> Dozen Small Bottles of Milks Emulsion.    Default  de??
cree   of   condemnation,   forfeiture,   and   destruction.'    (F.   &   D.   No.
11372.    I. S. No. 15115-r.    S   No. E-1773.)
On September 30, 1919, the United States attorney for the Middle District?
of Pennsylvania, 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 4? dozen large bottles and 6 dozen small bottles of Milks?
Emulsion, remaining unsold at Williamsport, Pa., alleging that the article had?
been shipped by the Milks Emulsion Co., Terre Haute, Ind., on or about Febru??
ary 13, 1919, and transported from the State of Indiana into the State of Penn??
sylvania, and charging misbranding in violation of the Food and Drugs Act.
Examination and analysis of samples of the article by the Bureau of Chem??
istry of this department showred that it consisted essentially of petrolatum with?
small quantities of glycerin, sirup, and methyl salicylate, and that the quantity?
of the contents of the small bottles was 8.55 ounces and 9 ounces, respective^'.
N. J. 8451-8500]        SERVICE AND REGULATORY ANNOUNCEMENTS.       319
Misbranding of the article was alleged in substance in the libel for the reason?
that the statement on the cartons containing the small bottles of the article,?
to wit, " Net weight twelve ounces," was false and misleading inasmuch as the?
quantity of the contents of each of the bottles was from 8.55 to 9 ounces; for?
the further reason that the statement in the booklet pertaining to and accom??
panying the article, namely, "Milks Emulsion contains a great amount of fat,"?
was false and misleading since the article contained no fat; and for the further?
reason that the bottle label contained certain statements regarding the curative?
and therapeutic effects of the article, to wit, "A valuable remedy for dyspepsia,?
indigestion, catarrh of stomach and bowels *.?*.. * bronchial asthma, ca??
tarrhal croup, bronchitis * * * . especially beneficial in incipient consump??
tion," which were false and fraudulent inasmuch as the .article contained no?
ingredient or combination of ingredients capable of producing the effects?
claimed.
On December 1, 1919, 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,.
 E. D. BALL, Acting Secretary of Agriculture.