17915. Adulteration and Misbranding of Extracto de Higado de Baealao de
Wampole. U. S. v. 54 Bottles of Extracto de Higado (de Baealao) 
de Wampole. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 25823.    I. S. No. 5743.    S. No. 4046.)
Examination of a sample of a drug product, known as Extracto de Higado de 
Baealao (extract of liver of cod) de Wampole, from the herein-described ship- 
ment, having shown that the labeling bore claims of curative and therapeutic 
properties that the article did not possess, and vitamin tests having shown that 
the product was devoid of the characteristic vitamins of cod-liver oil, the 
Secretary of Agriculture reported the fact to the United States attorney for 
.the District of Porto Bico.
On January 27, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 54 bottles of Extracto de Higado de Bacalao de Wampole, 
alleging that the article had been shipped by Henry K. Wampole & Co, (Inc.), 
Philadelphia, Pa., to San Juan, P. R? on or about December 20, 1930 (Dec. 6, 
1930), and was being sold and offered for sale in Porto Rico by Serra, Garabis 
& Co. (Inc.), San Juan, P. R., and charging adulteration and misbranding in 
violation of the food and drugs act as amended.
The article was labeled in the Spanish language in part:- (On the wrapper) 
41 Improved and tasteless Preparation of the Extract of Cod Liver * * * 
Formula for 100 grams: Extract of Cod Liver * * * 2.238 gms.; Wild 
Cherry, 4.295 gms.; Malt Extract (Diastatic), 0.387 gms.; Hypophosphite of 
Calcium, 0.097 gms.; Hypophosphite of Sodium, 0.097 gms.; Hypophosphite of 
Potassium, 0.097 gms.; Hypophosphite of Manganese, 0.024 gms.; Iron Pyro- 
phosphate, 0.048 gms.; Quinine Sulphate, 0.024 gms.; Strychnine Sulphate, 0.005 
gms.; and Aromatics q. s."
It was alleged in the libel that the article was adulterated in that its strength 
fell below the professed standard or quality under which it was sold, (in 
Spanish) " Extract of Cod Livers."
Misbranding was alleged for the reason that certain statements appearing 
on the label in Spanish, of which the following is a translation, were false 
and misleading: (Wrapper and bottle) "Perfected and Tasteless Preparation 
of Extract of Liver of Cod * * * contains a solution of an extract which 
is obtained from fresh cod livers; " (circular) " With the extract of cod liver." 
Misbranding was alleged for the further reason that certain statements appear- 
ing in Spanish on the wrapper label, and in the accompanying circular, of 
which the following is a translation, were false and fraudulent, since the 
article contained no ingredient or combination of ingredients capable of 
producing the effects claimed: (Wrapper) "The rapid increase in health and 
strength that is felt by those persons that carefully foilow the instructions 
given herewith, will attest the repair value of this preparation as a Recon- 
stituent Tonic in recovering from diseases of acute character, and as an 
appreciable addition in the treatment of Phthisis (Consumption), Pulmonary 
Diseases, Bronchitis, Obstinate Coughs, * * * Nervous Debility, Affec- 
tions due to exhaustion of the nervous system or due to Anaemia, Chlorosis, 
Emaciation, Scrofula and Disorders of the Blood,- Prostration due to Fevers 
and in Convalescence;" (circular) "Do Not Neglect Yourself. The various 
symptoms of a debilitating condition which every person recognizes in himself, 
are signs that under no circumstances should be ignored, because otherwise, the 
germs of diseases will increase, with great danger of fatal consequences. The 
germs of phthisis may be absorbed by the lungs at any time, incubating 
and multiplying themselves with rapidity, unless the system is well fed to 
the, extent of resisting their attacks. The Wampole Preparation * * * 
fortifies the system against all changes of temperature which invariably pro- 
duce Cough, Catarrh, Grippe, Influenza, Phthisis, Pneumonia and diseases due 
to debility of the lungs and rachitic constitution. Taken on time, it fortifies 
the organism against phthisis. Men whose systems are exhausted because of 
the preoccupations due to their business, or to excesses or by body afflictions, 
will find in the Wampole Preparation, an aperitive reconstituent tonic that 
will fortify their systems and will invigorate the imagination and body, so 
necessary to recover the losses due to diseases. Women of delicate health, 
of weak and exhausted constitution, pale, nervous and languid, require a 
remedy that will give them strength, vitality and will enrich the blood and 
will fortify their debilities which are the cause of all their troubles. The 
Wampole Preparation feeds the body. Girls who are entering into womanhood 
with pale faces and weakness due to poor growth, should have nutrition that 
will give them vigorous and robust health. Wampole Preparation taken before 
meals, increases the appetite, aids digestion and fortifies the lungs and weak 
bones. Children take it with pleasure. For this reason, progressive physicians 
prescribe it with excellent results in reconstructing the systems of pale, 
rachitic, exhausted and scrofulous children, especially in those suffering from 
Anaemia and diseases of the blood, making them capable of becoming sound 
men and women. Infants become weak and thin when their systems are 
weakened by bad digestion. Then is when their systems require that their 
mothers should feed them, who are at the same time, weak and exhausted and 
unable to do it.   The Wampole Preparation supplies what they need and it
is easily digested by the most delicate stomach. Diseases of the Blood: When 
the blood is impaired and anaemic, it carries the debility to all the system 
because the vivacity of human life is caused by means of the blood. This 
proves the necessity of having pure and rich blood, because its impoverishment 
may result in many afflictions such as Anaemia, Scrofula, General Debility, 
Pulmonary Scrofula and other diseases caused by specific germs. Prevent 
them by taking the Wampole Preparation."
On March 6, 1931, 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.