17219. Adulteration of culture A. Bacillus bulgaricus. U. S. v. 18 Bottle* 
of Culture A. Bacillus Bulgaricus. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 24401. I. S. No. 
026663.    S. No. 2647.)
On December 30, 1929, the United States attorney for the Northern District 
of Illinois, 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 18 bottles of culture A. Bacillus bulgaricus at Chicago, 
111., alleging that the article had been shipped by the Ferment Co., from New 
York, N. Y., November 12, 1929, and transported from the State of New York 
into the State of Illinois, and charging adulteration in violation of the food 
and drugs act. The article was labeled in part: " Culture A. Bacillus Bulgari- 
cus (Metchnikoff) Bacillus Acidophilus."
Examination of a sample of the article by this department showed that the 
article contained not more than 100,000 viable lactobacilli per cubic centimeter.
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, to wit, "Culture 
*    *    *   Bacillus Bulgaricus   *    *    *   Bacillus Acidophilus."
On April 10, 1930, 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.
ABTHTJB M. HYDE, Secretary of Agriculture.