9198. Misbranding of Yogurt Culture.    U. S. v. 141 Cartons of Yogurt Culture,
and a number of circulars and leaflets.    Default decree of condemnation 
and destruction.    (F. D. C. No. 15373.   Sample No. 28617-H.)
LIBEL FILED :   April 24,1945, Western District of Washington.
ALLEGED SHIPMENT: By the International Yogurt Co., from Los Angeles, Calif. 
The Yogurt Culture and some of the leaflets were shipped on or about February 
16, 1945; the circulars were shipped on or about February 14, 1945; and the 
remainder of the leaflets were shipped at some time prior to the shipment of 
the merchandise.
PRODUCT: 141 cartons of Yogurt Culture, a number of leaflets entitled "Keep 
Young," and a number of circulars entitled "The Secret of Youth," at Seattle, 
Wash. Examination disclosed that the product was a culture of viable lacto- 
bacilli.
LABEL, IN PART:    (Cartons) "Rosell Institute's Original Yogurt Culture."
NATURE OF CHARGE: Misbranding, Section 403 (a), certain statements on the 
cartons and in the leaflets and circulars were false and misleading since they 
represented and suggested that use of the article would be effective to enable 
one to keep young, to attain to an old age, and to add years to one's life; and 
that its use would combat excessive intestinal putrefaction, prevent the growth 
of harmful, putrefactive bacteria, be of benefit in many types of gastro-intestinal 
disturbances, and promote beauty. The article would not be efficacious for 
such purposes.
It was also alleged to be misbranded under the provisions of the law applica- 
ble to drugs, as reported in notices of judgment on drugs and devices, No. 1786.
DISPOSITION: September 20, 1945. No claimant having appeared, judgment of 
condemnation was entered and the product and the stock of leaflets and circu- 
lars were ordered destroyed.