X4300. Misbranding of Bear's emulsion. U. S. v. 34 Bottles, et al., of Bear's 
Emulsion. Default decrees of condemnation, forfeiture, and de- 
struction. (F. & D. Nos. 20941 to 20945, incl. I. S. No. 4972-x. S. Nos. 
E-5669 to E-5673, incl.) 
On March 17, 1926, the United States attorney for the District of; Mary- 
land, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district libels praying seizure and 
condemnation of 263 bottles of. Bear's emulsion, remaining in the original un- 
broken packages at Baltimore, Md.; alleging that the article had been 
shipped by John D. Bear, in part from Stephenson, Va., and in part from 
Stephens City, Va., in various consignments, on or about September 8,"1924, 
January 14, 1925, September 19, 1925, December 10, 1925, and February 9, 1926, 
respectively, and transported from the State of Virginia into the State of 
Maryland, and charging misbranding in violation of the food and drugs act 
as amended. 
:? . .i'     * .
Analysis by the Bureau of Chemistry of this department of a sample of 
the article showed that it was an emulsion consisting essentially of mineral 
oil, sodium phosphate, potassium phosphate, gum, alcohol, and water.    . . ? -
Misbranding of the article was alleged in the libels for the reason that      : 
the following statements regarding the curative  and therapeutic effects  of 
the said article, were false and fraudulent, since it contained no ingredient 
?or   combination   of   ingredients   capable   of   producing  the   effects   claimed.: 
(Bottle label, English, with similar statements in foreign languages) "is easily
* * * absorbed * * * superior to Emulsion of Cod Liver Oil *>i<*. * 
This preparation is a ??* * * tissue builder and used with great success j 
in Consumption, Coughs, Colds and Bronchitis, and * * * for nervous-run- 
down people * * * Guaranteed," (carton label, English, with similar 
statements in foreign languages) "For Colds, Coughs, Bronchitis, Sore Lungs, 
Loss Of Weight, Loss Of Appetite, Loss Of Strength, Tuberculosis Of The 
Lungs and * * * Weak, Nervous and Overworked People. * t- *? In 
Tuberculosis of the lungs (consumption) Bear's Emulsion is one of the best 
remedies. It is far superior to cod liver oil .?. * * enables the. -patient ^ 
to eat, digest, and assimilate food.   It causes an increase in flesh and strength *
* * * restores tone to the intestines so that normal bowel movements are 
regular * * * the best for loss of flesh, appetite and general run down 
system caused by over work and loss of sleep." 
<
On May 17, 1926, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by 
the court that the product be destroyed by the United States marshal.  .
W. M. JABDINE, Secretary of Agriculture.