26159. Adulteration and misbranding of M edouard's B. Acidophilus Compound.
V. S. v. 13 Packages of M edouard's B. Acidophilus Compound. Default 
decree of condemnation and destruction. (F, & D. no. 87123. Sample 
no. 59038-B.)
This article failed to conform to its professed standard; its package bore 
erroneous statements concerning its ingredients and false and fraudulent cura- 
tive and therapeutic claims were made for it.
Oh January 28, 1936, the United States attorney for the "Western District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 13 packages of 
M edouard's B. Acidophilus Compound at Kansas City, Mo., alleging that the 
article had been shipped in interstate commerce on or about October 10, 1935, 
by Z. Hubay, from Memphis, Tenn., from that place to Kansas City, Mo., 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: (Package) "M edouard's 
B. Acidophilus Compound * * * Bry's—Memphis * * * Gus Blast 
Little Bock Los Angeles   *   *   *   Chicago   *   *   *   Indianapolis."
Analysis showed that the article consisted essentially of a moldy mixture 
of agar, psyllium seed, milk sugar, starchy material, and phenolphthalein, a 
laxative derived from coal tar (approximately 2.8 percent).   It contained no
significant proportion, if any, of viable Lactobacillus acidophilus bacilli, and 
no kelp nor dextrin.
Adulteration of the article was charged under the allegation that its strength 
and purity fell below the professed standard under which it was sold, in that 
the article contained no significant proportion, if any, of viable L. acidophilus 
bacilli, and no dextrin or cerea (kelp) and no other valuable food ingredients, 
but contained phenolphthalein, a coal-tar laxative, and was in a moldy con- 
dition.
Misbranding was charged (a) under the allegation that the package bore 
the statement "B Acidophilus Compound A * * * blend of * * * 
psyllium, psylla, Japanese Agagar Agagar, Lactose, Dextrine, Cerea, (Kelp 
which contains vitamins A, B, D, E, F and G, and 16 chemicals, 32 organic 
minerals that the body is composed of), and other valuable food ingredients", 
and that the statement was false and misleading in view of the actual compo- 
sition of the article; (b) under the allegation that the package bore the 
following statements regarding the curative and therapeutic effects of the 
article and that the statements were false and fraudulent: "Not a Purgative— 
Not a Cathartic Not a Physic * * * To remove excessive infective Organ- 
isms from the large intestines. * * * To prevent toxic absorption. 
* * * To change the Intestinal Flora. * * * To introduce Living B. 
Acidophilus into the large intestines to prevent the growth of the infective 
types. * * * To re-mineralize the body and furnish that unbroken chain 
of vitamins, which is so necessary to perfect health."
On April 16, 1936, no claimant having appeared, a default decree of condem- 
nation and destruction was entered.
HARRY L. BROWN, Acting Secretary of Agriculture.