&A4. Adulteration and misbranding of halibut liver oil capsules. IT. S. v. 24,000,
75,000, and 90,000 Halibut Liver Oil Capsules. Consent decrees of con-
demnation.   Product ordered released under bond for relabeling.    (F. D. C.
Nos. 2051, 2052, 2054.    Sample Nos. 33424-E, 33425-E, 33426-E.)
This product was represented to consist of halibut liver oil but consisted in part
of other fish-liver oil.
On June 1 and 3, 1940, the United States attorneys for the Southern District of
New York and the Eastern District of New York filed libels against a total of
99,000 halibut liver oil capsules at New York, N. Y., and 90,000 halibut liver oil
capsules at Brooklyn, N. Y., alleging that the article had been shipped in inter-
state commerce within the period from on or about October 5, 1939, to on or about
February 14, 1940, by the "White Laboratories, Inc., from Newark, N. J.; and
charging that it was adulterated and that portions were also misbranded. Por-
tions were labeled in part: "Halibut Liver Oil Capsules * * * Halibut Plain,"
or "Halibut Liver Oil PL"
All lots of the article were alleged to be adulterated in that another fish-liver
oil had been wholly or in part substituted for plain halibut-liver oil. All lots were
alleged to be misbranded in that they were offered for sale under the name of
another drug. Portions were alleged to be misbranded further in that the state-
ments, "Halibut Liver Oil * ? * * Capsules," "Halibut Liver Oil Plain," ana
"Halibut Liver Oil PI.," were false and misleading, since the article did not con-
sist of halibut liver oil but was a mixture of fish-liver oils.
On June 25, 1940, White Laboratories, Inc., claimant, having admitted the
allegations of the libels, judgments of condemnation were entered, and it was
ordered that the product be released under bond conditioned that it be relabeled
so as to declare that the capsules contained halibut-liver oil which had been mixed
with another fish oil.