10194. Misbranding of Milks emulsion. V. S. * * * v. 66 Bottles of?
* * * Milks Emulsion. Default decree of condemnation, for??
feiture, and destruction. (F. & D. No. 11252. - I. S. No. 2781-r. S. No.?
W-492.)
On September 19, 1919, the United States attorney for the District of Oregon,?
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 condemna??
tion of 66 bottles of Milks emulsion, remaining in the original unbroken pack??
ages at Portland, Oreg., alleging that the article had been shipped by the Milks?
Emulsion Co., Terre Haute, Ind., July 19, 1919, and transported from the State?
of Indiana into the State of Oregon, and charging misbranding in violation of?
the Food and Drugs Act, as amended. The article was labeled in part: (Bot??
tle) " Milks Emulsion * * * A Valuable Remedy For Dyspepsia, Indiges??
tion, Catarrh Of Stomach And Bowels,    *    *    *   Bronchial Asthma, Catarrhal
Croup,  Bronchitis    *    *    *   Especially  Beneficial  In  Incipient  Consumption?
*    *    * >i
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it consisted x>f about 95 per cent of petrolatum with?
small amounts of sirup and glycerin, flavored with essential oils such as lemon?
oil and methyl salicylate.
Misbranding of the article was alleged in substance in the libel for the reason?
that the above-quoted statements appearing upon each of the said bottles,?
regarding the curative and therapeutic effects of the said article, were false?
and fraudulent in that the article contained no ingredients or combination?
of ingredients capable of producing the curative and remedial therapeutic?
effects claimed. Misbranding was alleged for the further reason that a booklet?
accompanying the article contained among others the following statement, to?
wit, " Milks Emulsion contains a great amount of fat," which statement was?
false and fraudulent [misleading] in that the said article contained no fat.
On November 23, 1921, 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.
C. W. PUGSLEY, Acting Secretary of Agriculture.