10933. Adulteration and misbi-anding' of tablets Bacillus l>ulgartcas, U, S. v.-lH Dozen Pa.clciig,es of Tablets Baeillxix Bulgurii-'Ui*. Default decree of condemnation, forfeiture, and destruction. (F. & D. No. 23331. I. S. No. 05060. S. No. 145S.) On January 15, 1929, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district a libel praying seizure and condemnation of 1H dozen packages of tablets Bacillus bulgaricus at Chicago, Ill,, alleging that the article had been shipped by Fairchild Bros. & Foster, from New York, N. Y., December 8, 1928, and transported from the State of New York into the State of Illinois, and charging adulteration and misbranding in violation of the food and drugs act as amended. Examination of samples of the article by this department showed that the tablets contained not more than (5,500 lactobacilli per tablet and were grossly contaminated with spore-forming bacteria. t It was alleged in the libel that the article was adulterated in that its strength fell below the professed standard under which it was sold, in that it was sold under the following standard, "Tablet of the Bucillus Bulgaricus," 1 and " Contains the true bacillus Bulgaricus * * * preserved in a stable, potent I form," which standard represented that each tablet of the article contained " organisms in sufficient number to be efficacious in the treatment of disease, I or the prevention thereof, whereas it failed to contain organisms in sufficient I numbers per tablet to be efficacious in the treatment of disease or the pre- ; vention thereof. Misbranding was alleged for the reason that the following statements regard- I ing the curative or therapeutic effects of the said article, borne on the con- I tainers and in the accompanying circular, (carton) "Tablet of the Bacillus j Bulga'ricus. Contains the true bacillus Bulgaricus * * * preserved in a s stable potent form," (circular) "Tablet of the Bacillus Bulgaricus Contains j the true bacillus Bulgaricus * * * conserved in a stable form. * * * It i is rigidly standardized, potency guaranteed for the time stamped upon the label," and (glass vials) "Tablet of the Bacillus Bulgaricus," were false and fraudulent. The charge recommended by this department was that the article . was misbranded in violation of section 8 of the act, general paragraph, which ; provides that all drues, the package or label of which bear any statement, design, or device regarding the article, or the ingredients or substances con- tained therein, which are false or misleading in any particular, shall be deemed misbranded within the meaning of the act. On Aoril 18, 1029, no claimant having appeared for the property, judgment I of condemnation and forfeiture was entered, and it was ordered by the court F that the product be destroyed by the United States marshal. ? ARTHUR M. HYDE, Secretary of Aorlcultwe. \ 16934. Misbranding of Allem-lm. XJ. S. -v. 138 Bottles of AUenrhu. Default , decree of condemnation, forfeiture, and destruction. (F. & D, No. | 23342. S, No, 1459.) I On or about January 28, 1929, the United States attorney for th^ District of I Oregon, acting upon a report by the Secretary of Agriculture, filed in the i District Court of the United States for said district a libel praying seizure and condemnation of 138 bottles of AUenrhu, remaining in the original unbroken packages at Portland, Oreg., alleging that the article had been shipped by. Theo. Erlin & Co., from San Francisco, Calif., on or about June 2, 1928, and transported from the State of California into the State of Oregon, and charging misbranding in violation of the food and drugs act as amended. Analysis of a sample of the article by this department showed that it con- sisted essentially of sodium sulphate, sodium phosphate, small amounts of sodium salicylate a'nd free acid, and water flavored with licorice and methyl salicylate. $ It was alleged iu the libel that the article was misbranded in that the follow- ing .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: (P>ottie label) " For Rheu- matic Aches and Pains When Not Due to Infection. Has been Found Helpful in Lumbago, Sciatica, Neuralgia and Neuritis;" (blown in bottle) "For Rheu- matic Aches and Pains; " (carton, English aud foreign lanuuages) "An Advanced aud Improved Preparation For the Treatment of Acute Rheumatism, Lumbago, Rheumatic Neuritis;" (circular) "When you want to get rid of Rheumatism {Not caused by Infection) * * * Alleurhu Will help you correct this =>? * * is your rheumatism caused by infection V * * * The man or woman who has acute rheumatism is the person most concerned with' getting rid of it. How to get rid of the pain, the swelling, the inflammation, the agony, and how to prevent its returning after it is apparently conquered is what the sufferer wants to know. There are a few common sense, very simple rules to follow if rheumatism is to be driven out of the system. If these rules are followed when Alienrhu is being taken, the chances of overcoming this trouble in a shorter period of time is enhanced. Alienrhu is a medicine compounded in such a maimer that experience of years shows that it has a helpful influence over acute rheumatism * * * Many rheumatic sufferers are sad and de- pressed and it is hard to blame them for it. * * * It isn't absolutely neces- sary to follow these 1 tiles when taking Alienrhu and very few people do follow them, but right living helps, as every doctor will tell you, and if you can shorten the duralion of the attack by doing all you can to help, it is, of course, for your own good. * * * As a general rule Alienrhu (liquid) will be found suflicient for all ordinary cases of acute Rheumatism." On March 27, 1929, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. ARTHUR M. HYDE, Secretary of Agriculture.