16077. Adulteration and misbranding- of Baoid tablets. U. S. v. 5 Dozen 
Paclcagres of Bacid Tablets. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 22938. I. S. No. 0101. S. No. 
1022.)
On August 2, 1928, the United States attorney for the Northern District of 
California, 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 5 dozen packages of Bacid tablets, remaining in the original 
unbroken packages at San Francisco, Calif., consigned by the Arlington Chemi- 
cal Co., Yonkers, N. Y., alleging that the article had been shipped from Yonkers, 
N. Y., on or about July 9, 1928, and transported from the State of New York 
into the State of California, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: (Carton 
and bottle) "50 Bacid Tablets (Bacillus Acidophilus) * * * Expires Sept. 
29, 1928;" (circular) "Bacid Tablets * * * Contain a highly antiputre- 
factive and specially selected strain of the Bacillus acidophilus, native to the 
human intestine, in health, and are therefore peculiarly suitable for intestinal
therapy. Bacid preparations are prepared under the most exacting scientific 
control, being rigidly standardized as to viability, purity, and strength."
It was alleged in the libel that the article was adulterated in
" that its strength 
fell below the professed standard under which it was sold.
Misbranding was alleged for the reason that the statements on the carton 
and bottle label " Bacillus Acidophilus," and the statements in the circular 
"Specially selected strain of the Bacillus aci&o'pliilus'" and "Rigidly Standard- 
ized as to viability, purity, and strength " were false and misleading.
On September 13, 1928, 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.
ARTHUR M. HYDE, Secretary of Agriculture.