16089. Adulteration and niisbranding- of tablets Bacillus bulgaricus.     TJ. S. 
v. 30 Packages of Tablets Bacillus Bulgaricus.    Befault decree of
condemnation, forfeiture, and destruction.     (F. & D. No. 23109.    I. S. 
No. 0873.    S. No. 1203.)
On September 28, 1928, the United States attorney for the Eastern District 
of Louisiana, 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 30 packages of tablets Bacillus Vulgarlcus, remaining in 
the original unbroken packages at New Orleans, La., alleging that the article 
had been shipped by Fairchild Bros. & Foster, New York, N. Y., on or about 
August 6, 1928, and transported from the State of New York into the State of 
Louisiana, and charging adulteration and misbranding in violation of the food 
and drugs act as amended.
It was alleged in the libel that the article was adulterated in that its 
strength or purity fell below the professed standard or quality under which 
it was sold, namely, " Tablets of the Bacillus Bulgaricus. Contains the true 
Bacillus Bulgaricus    *    *    *    preserved in a stable, potent form."
Misbranding was alleged for the reason that the following statements ap- 
pearing upon and within the packages were false and misleading: (Carton) 
" Tablet of the Bacillus Bulgaricus. Contains the true Bacillus Bulgaricus 
preserved in a stable potent form; " (circular) " Tablet of the Bacillus Bul- 
garicus.   Contains the true Bacillus Bulgaricus conserved in a stable form
* * * It is rigidly standardized, potency guaranteed for the time stamped 
upon the label."
On November 20, 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.
AETHUE M. HYDE, Secretary of Agriculture.