3 3 522. Misbranding: of Yerkes palatable wine extract of cod-liver oil.?
TJ. S. v. 4 Dozen, et al., Bottles of Yerkes Palatable Wine Extraet?
of Cod-Liver Oil. Default decrees of condemnation, forfeiture,?
and destruction. (F. & D. Nos. 15828, 15829, 15830, 16072, 16073, 16074?
S. Nos. E-3832, E-3833, E-3834.)?......
On April 4, 1922, the United States attorney for the Western District of Vir??
ginia, acting upon reports by the Secretary of Agriculture, filed in the District?
Court of the United States for said district libels praying the seizure and con??
demnation of 7| dozen bottles of Yerkes palatable wine extract of cod-liver oil,?
in various lots at Stockton, Martinsville, Axton, Boone Mill, and Bassetts, VSL.,?
respectively, alleging that the article had been shipped by the Yerkes Chemi??
cal Co.. from Winston-Salem, N. C, in part on or about July 20, 1921, and ill?
part on or about July 29, 1921, and transported from the State of North?
Carolina 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 de??
partment showed that it consisted essentially of compounds of sodium, potas??
sium, calcium, iron, quinine, strychnine, and phosphorus, extracts of plant?
drugs, including 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 libels for the?
reason that the following statements appearing on the labels of the bottles?
and cartons containing the article, (bottle and carton) "A superior nutrient?
.:. * * an(3 reconstructive of especial value for restoring tone and vigor to?
the entire system. Indicated in General Debility, Nervous Prostration, Tuber??
culosis, Emaciation, Scrofulosis, Winter Cough, Bronchitis, etc.," .(carton)?
" Builds You Up * * * Unexcelled as a * * * nutrient and recon??
structive remedy. Indicated in * * * General Debility, Nervous Prostra??
tion, Neurasthenia, Anemia, Chlorosis, Nervous Dispepsia, Hysteria, Chronic?
Cough, Consumption, Chronic Bronchitis, Scrofula and other chronic diseases?
requiring building up treatment. * * * nerve-nutrient and reconstructive,"?
regarding the curative and therapeutic effects of the said article, were false?
and fraudulent in that the said statements z^epresented that the said article?
was a superior nutrient and reconstructive of especial value for restoring?
tone and vigor to the entire system, and indicated in general debility, nervous?
prostration, tuberculosis, emaciation, scrofulosis, winter cough, bronchitis, etc.,?
that it was effective for building up the system, was unexcelled as a nutrient?
and a reconstructive remedy, and indicated in general debility, nervous pros??
tration, neurasthenia, anemia, chlorosis, nervous dyspepsia, hysteria, chronic?
cough, consumption, chronic bronchitis, scrofula, and other chronic diseases?
requiring building-up treatment, and that it was a nerve nutrient and recon??
structive, whereas, in truth and in fact, it was not.
On October 14, 1922, no claimant having appeared for the property, judg??
ments of condemnation and forfeiture were entered, and it was ordered by the?
court that the product be destroyed by the United States marshal.
HOWARD M. GOKE, Acting Secretary of Agriculture.