18384. Misbranding: and alleged Adulteration of Nestor emulsion of cod-
liver oil.    U. S. v. 22 Bottles of Nestor Emulsion of Cod Liver Oil. 
Default decree of condemnation, forfeiture, and destruction.     (F. %
D. No. 25819.    I. S. No. 8158.    S. No. 4036.)
Examination of a drug product, known as Nestor emulsion of cod-liver oil, 
from the shipment herein described having shown that the article contained 
less cod-liver oil and alcohol than declared on the labels, also that the bottle 
label bore statements representing that the article possessed curative and thera- 
peutic properties which it did not possess, the Secretary of Agriculture reported 
the matter to the United States attorney for the Western District of Tennessee.
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 con- 
demnation of 22 bottles of Nestor emulsion of cod-liver oil at Memphis, Tenn.,
alleging that the article had been shipped by the Nestor Drug & Chemical Co., 
from Chicago, Ill., on or about October 9, 1930, and had been transported from 
the State of Illinois into the State of Tennessee, and charging adulteration and 
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 cod-liver oil (39.94 per cent), small proportions of calcium 
and sodium hypophosphites, egg yolk, phosphoric acid, alcohol (8.4 per cent), 
and water, flavored with methyl salicylate.
It was alleged in,the libel that the article was adulterated in that it was sold 
under the following standard of strength, "Cod Liver Oil 50 Per Cent 12^2 
Alcohol," and the strength of the article fell below such professed standard, 
since it contained less cod-liver oil and alcohol than so represented.
Misbranding was alleged for the reason that the statements on the label, 
" Cod Liver Oil 50 Per Cent Alcohol 12% Per Cent," were false and misleading 
when applied to the article. Misbranding was alleged for the further reason 
that the following statements on the bottle label, regarding the curative and 
therapeutic effects of the article, were false and fraudulent, since it contained 
no ingredient or combination of ingredients capable of producing the effects 
claimed: "A reliable preparation for many forms of Pulmonary Diseases and 
other Lung Troubles, Cough, and General Debility."
On May 12, 1931, no claimant having appeared for the property, a decree 
was entered adjudging the product misbranded and ordering its condemnation 
and forfeiture, and it was further ordered by the court that the said product 
be destroyed by the United States marshal.
ARTHTJB M. HYDE, Secretary of Agriculture.