27724. Misbranding of Bering Ear Oil. V. S. v. 37 Bottles of Bering Ear OIL Default decree of condemnation and destruction. (F. & D. No. 39713. •Sample No. 15167-C.) The labeling of this product bore false and fraudulent representations regarding its curative or therapeutic effects. On June 16, 1937, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 37 bottles of Bering Ear Oil at Chicago, Ill., alleging that the article had been shipped in interstate com- merce on or about October 18, 1936, by Heide & Sons from Stillwater, Minn., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Bering Ear Oil * * * Heide & Sons St. Paul, Minn." Analyses showed that the article consisted essentially of a saponifiable oil, such as fish oil, and a small amount of methyl salicylate. It was alleged to be misbranded in that the following statements regarding its curative or therapeutic effects were false and fraudulent: (Bottle label) "Have You? 1. Defective Hearing? 2. Buzzy and Noisy Ears? * * * 4. Difficulty with Ears after swimming? * * * 6. Painful and aching Ears?"; (carton label) " * * * Relief for 1. Defective Hearing. 2. Buzzy and noisy ears. * * * 4. Difficulty with ears after swimming. * * * 6. Earache. * * * Bering Ear Oil is not sold as a Cure-All for deafness, although it sometimes helps the hearing. * * * For Acute Earache in Adults, or Children * * * Ears get stiff, itchy and hard and so lack pliability— Likewise get dull and noisy"; (circular) "Have You? 1. Diminished hearing- 2. Buzzy and noisy ears? * * * 4. Difficulty with ears after swimming * * * 6. Earache? Then, use Bering Ear Oil! * * * is a great comfort and aid to those with the troubles mentioned. * * * Ears get dry, hard, stiff, itchy, dull and noisy. Use Bering Ear Oil and note the difference. * * * for ear ache. Bering Ear Oil is very useful to relieve the pain of children and adults—acute ear aches." On July 14, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. M. L. WILSON, Acting Secretary of Agriculture.