16388. Adulteration and Misbranding of liquid culture Bacillus Bulgaricus 
and tablets Bacillus Bulgaricus. U. S. v. 10 Boxes of Liquid Cul- 
ture Bacillus Bulg-aricus, et al. Product ordered released under 
bond.     (F. & D. No. 22853.    I. S. Nos. 19311-x, 19312-x.    S. No. 908.)
On July 7, 1928, the United States attorney for the Eastern District of 
Missouri, 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 10 boxes of liquid culture Bacillus Bulgaricus and 378 pack- 
ages of tablets Bacillus Bulgaricus, remaining in the original unbroken packages 
at St. Louis, Mo., alleging that the articles had been shipped by Parke, Davis & 
Co., from Detroit, Mich., on or about May 10, 1928, and transported from the 
State of Michigan into the State of Missouri, and charging adulteration and 
misbranding in violation of the food and drugs act as amended.
Examinations o'f samples of the articles by this department showed that the 
liquid culture Bacillus Bulgaricus contained either no viable lacto-bacilli 
organisms or not more than 1,000 of the organisms per cubic centimeter, and 
the tablets Bacillus Bulgaricus contained no viable lacto-bacilli organisms.
It was alleged in the libel that the articles were adulterated in that their 
strength fell below the professed standard or quality under which they were 
sold, namely, " Liquid Culture Bacillus Bulgaricus," and " Tablets Bacillus 
Bulgaricus."
Misbranding was alleged for the reason that the statements, as follows, borne 
on the labeling, regarding the curative and therapeutic effects of the said articles 
wei'e false and fraudulent, since they contained no ingredients or combinations 
of ingredients capable of producing the effects claimed: (Liquid culture Bacillis 
Bulgaricus, circular) "The unusual longevity of the peasants of Bulgara is 
quite generally known, and is attributed to the fact that these people depend 
upon a sour curdled milk as a major part of their diet. This sour milk so 
generally consumed by them goes by the name of Kisselo-mleko * * * 
Investigations into the nature of Kisselo-mleko and the reason for its purported 
effect on the length of human life have revealed the presence of three pre- 
dominating microorganisms * * * Of the three organisms isolated, one, 
Bacillus Bulgaricus, is considered of the greatest value in correcting intestinal 
disorders caused by the presence of objectionable putrefactive organisms in the 
intestine. This beneficial action * * * By exact determination of the in- 
testinal flora before and after taking Bacillus Bulgaricus, it has been demon- 
strated, in a limited number of cases, that the predominance of the fermentative 
?organisms over the putrefactive organisms is almost complete in three to four
days after the first dose has been digested. * * * To obtain the maximum 
effect;" (tablets Bacillus Bulgaricus, carton and bottle label) "Enteritis, 
infectious diarrhea, infantile diarrhea, and other gastro-intestinal affections of 
bacterial origin."
On February 15, 1929, Parke, Davis & Co., St. Louis, Mo., having appeared as 
claimant for the property and having tendered bond in the sum of $100, con- 
ditioned as provided by law, it was ordered by the court that the bond be 
approved and the product delivered to the said claimant upon payment of costs.
ARTHUR M. HYDE, Secretary of Agriculture.