14723. Misbranding: of Montague's petroleum emulsion -with nypophoe- 
phites. V. S. v. 31 Bottles of Montague's Petroleum Emulsion, 
Default decree of condemnation, forfeiture, and destruction.    (F. &;
D. Nos. 16173, 16174.    S. No. E-3860.)
On April 27, 1922, the United States attorney for the Western District of 
North Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel praying seizure 
and condemnation of 31 bottles of Montague's Petroleum emulsion with hypo- 
phosphites, at Winston-Salem, N. C, alleging that the article had been shipped 
in interstate commerce by the J. Kyle Montague Medicine Co., from Rocky- 
mount, Va., March 22, 1921, into the State of North Carolina, and charging mis- 
branding in violation of the food and drugs act as amended.
Analysis by the Bureau of Chemistry of this department of a sample of the 
article showed that it consisted essentially of an emulsion of petroleum, oil, 
alcohol, water, gum, sodium and calcium hypophosphites, and a trace of an 
iron compound.
It was alleged in substance in the libel that the article was misbranded, in 
that the label was false and fraudulent, since it claimed curative and thera- 
peutic effects following its use in the treatment of coughs, colds, bronchitis, 
sore lungs, loss of weight or appetite, and in building up nerve tissues, and for 
tuberculosis of the lungs, whereas it contained no ingredient or combination 
thereof capable of producing the effects claimed.
On October 11, 1926, 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.
W. M. JABDINE, Secretary of Agriculture.