10729. Misbranding' of Yerk's palatable Trine extract of cod liver oil.?
U. S. v. 5 Dozen Bottles of Yerk's Palatable Wine Extract of Cod?
Liver Oil. Defanlt decree of condemnation, fox-feitnre, and de??
struction.     (F.  & D. No. 16330.    S. No. C-2918.)
On May 18, 1922, the United States attorney for the Northern District of?
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and con??
demnation of 5 dozen bottles of Yerk's palatable wine extract of cod liver oil,?
at Chicago, 111., alleging that the article had been shipped by the Yerk's Chem??
ical Co., Winston-Salem, N. C, October 31, 1921, and transported from the State?
of North Carolina into the State of Illinois, and charging misbranding in viola??
tion of the Food and Drugs Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed that it consisted essentially of compounds of sodium, potassium,?
calcium, iron, quinine, strychnine, and phosphorus, extracts of plant drugs, in??
cluding wild cherry bark, possible traces of cod liver oil and malt extract,?
sugar, alcohol, and water, flavored with benzaldehyde.
Misbranding of the article was alleged in substance in the libel for the reason?
that the following statements, regarding its curative or therapeutic effect, ap??
pearing on the labels of the bottles and cartons containing the said article, to?
wit, (bottle and carton) "* * * A superior nutrient * * * and recon??
structive of especial value for restoring tone and vigor to the entire system.?
Indicated in General Debility, Nervous Prostration, Tuberculosis, Emaciation,?
Scrofulosis, Winter Cough, Bronchitis, etc.," (carton) " * * * Builds?
You Up * * * Unexcelled as a * * * nutrient and reconstructive rem??
edy. Indicated in * * * General Debility, Nervous Prostration, Neurasthe??
nia, Anemia,' Chlorosis, Nervous Dyspepsia, Hysteria, Chronic Cough, * * *?
diseases requiring building up treatment. * * * nerve-nutrient and recon??
structive," were false and fraudulent, in that the said statements were applied?
to the said article so as to represent falsely and fraudulently to purchasers?
thereof, and to create in the minds of such purchasers the impression and be??
lief, that the article was composed of or contained ingredients or medicinal?
agents or combinations of ingredients effective as a remedy for the several dis??
eases, ailments, and afflictions mentioned in the said labels.
On June 12, 1922, no claimant having appeared for the property, judgment 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.
408	
BUREAU OP CHEMISTRY.	
[ Supplement 145,