17850. Misbranding of Bering ear oil.    XJ. S. v.  91  Bottles of Bering; Ear
Oil.     Default decree of condemnation, forfeiture, and destruction.
(F. & D. No. 25068.    I. S. No. 7576,    S. No. 3342.)
Examination of a drug product, labeled as Bering ear oil, from the herein- 
described interstate shipment having shown that the bottle and carton labels and 
accompanying circular bore claims of curative and therapeutic properties that 
the article did not possess, the Secretary of Agriculture reported the matter to 
the United States attorney for the Northern District of Illinois.
On September 9, 1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 91 bottles of Bering ear oil at Chicago, III., alleging that the 
article had been shipped by Henry Heide & Sons, from St. Paul, Minn., May 29, 
1930, and had been transported from the State of Minnesota into the State of 
Illinois, and charging misbranding in violation of the food and drugs act as 
amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of a bland oil containing a small amount of methyl salicylate.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements regarding its curative or therapeutic effects, appearing in the 
labeling, were false and fraudulent, in that the said statements were applied 
to the article knowingly and in reckless and wanton disregard of their truth or 
falsity, so as to represent falsely and fraudulently to purchasers thereof and 
create in the minds of such purchasers the impression and belief that it was 
composed of or contained ingredients or medicinal agents effective as a remedy 
for the diseases, ailments, and afflictions mentioned therein: (Bottle) "Ear 
Oil Bering Oil is useful for * * * ears. Also Ear Ache*," (carton) "Ear 
Oil * * * Relief for. 1. Defective Hearing; 2. Buzzy and noisy ears; 
* * * 6 Earache. * * * For Acute Earache in Adults or Children Use 
Bering Ear Oil * * * Ears get stiff, itchy and hard and so lack pliability- 
Likewise get dull and noisy;" (circular) "Ear Oil * * * Have You- 
1. Diminished hearing? 2. Buzzy and noisy ears? * * * 6. Earache- 
Then, Use Bering Oil! * * * Ears get dry, hard, stiff, itchy, dull and 
noisy. Use Bering Ear Oil and note the difference. * * * Bering Ear Oil 
is very useful to relieve the pain of children and adults-acute ear aches."
On November 24, 1930, 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.