1.9398. Adulteration and Misbranding of improved wine of cod-liver oil 
¦with malt and hypophosphites. U. S. v. 9 Dozen Packages of 
Improved Wine of Cod Liver Oil with Malt and Hypophosphites. 
Default    decree    of    condemnation,   forfeiture,   and    destruction.
(F. & D. No. 27666.    I. S. No. 42808.    S. No. 5741.)
Examination of a drug product, known as improved wine of cod-liver oil 
with malt and hypophosphites, showed that the article did not contain the 
vitamins which are the therapeutically active ingredients of cod-liver oil.
On January 18, 1932, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of nine dozen packages of the said improved wine 
of cod-liver oil with malt and hypophosphites, remaining in the original and 
unbroken packages at Trenton, N. J., alleging that the article had been shipped 
by Hance Bros. & White (Inc.), Philadelphia, Pa., on or about October 21, 
1931, and had been transported from the State of Pennsylvania into the State 
of New Jersey, and charging adulteration and misbranding in violation of the 
food and drugs act.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of compounds of phosphorus, calcium, sodium, potassium, 
iron, manganese, quinine, and strychnine, and sugar, alcohol, and water. 
Biological examination showed that the article was worthless as a source of 
vitamins A and D which are characteristic of cod-liver oil.
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, namely, " Wine of 
Cod Liver Oil, * * * The remedial * * * principles of Cod Liver Oil," 
since the article did not contain the vitamins A and D which are the thera- 
peutically active ingredients of cod-liver oil.
Misbranding was alleged for the reason that the following statements, borne 
on the label of the product, were false and misleading, since it did not contain 
the active ingredients  of cod-liver oil:   (Carton)   "Wine  of Cod Liver Oil
* * * The Remedial and stimulating principles of Cod Liver Oil, * * * 
This preparation   *    *    *    is more palatable than plain Cod Liver Oil,  or
emulsion of Cod Liver Oil.    *    *    *    This preparation represents the soluble
and  medicinal  principles   of  Pure  Cod's   Liver,    *    *    *    This  preparation
-*    *    *    is more palatable than plain Cod Liver Oil or Emulsion of Cod Liver
Oil.    *    *    *    The Alcoholic Extract of Cod Liver Oil—   *    *    *   An elegant
and excellent preparation of the Extract of Cod Livers; "  (bottle)  " Wine of
Cod Liver Oil    *    *    *    The remedial and stimulating principles of Cod Liver
Qn    *    *    *    This preparation   *    *    *   is more palatable than pure Co#^ 
Liver Oil, or any emulsions of Cod Liver Oil." 
t—
On March 7, 1932, 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.
ASTHUB M. HYDE, Secretary of Agriculture.