17158. Adulteration   and   Misbranding of   culture   A   Bacillus   bulgraricus.
U. S. v. 11 Packages of Culture A Bacillus Bulgraricus Metchnikoff.. 
Default   decree    of    condemnation,   forfeiture,   and    destruction.
(F. & I>. No. 24536.    I. S. No. 029001.    S. No. 2842.)
On February 18, 1930, the United States attorney for the District of New 
Jersey, 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 11 packages of culture A Bacillus bulgaricus Metchnikoff, 
remaining in the original unbroken packages at Paterson, N. J., alleging that 
the article had been shipped by the Ferment Co., New York, N. Y., on or about 
January 27, 1930, and transported from the State of New York into the State 
of New Jersey, and charging adulteration and misbranding in violation of the 
food and drugs act as amended.
Examination of a sample of the article by this department showed that it 
contained no viable lactobacilli.
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, namely: (Carton 
label) " Cultura A. Bac. Bulg. A. (Metchnikoff), Bac. Bulg. B. (B. Acidophilus), 
Bac. Paralacticus, Liq. Ananassae Sativae, Liq. Citri Decumanae;" (yellow 
leaflet) " Culture A Bacillus Bulgaricus, Metchnikoff containing the strain of 
Bacillus Bulgaricus selected, studied and recommended by Professor Elie 
Metchnikoff, together with a specially selected strain of B. Acidophilus for 
the modification of the intestinal microbic flora."
Misbranding was alleged for the reason that the above-quoted statements 
appearing on the carton label, and the accompanying yellow leaflet, were false 
and misleading. Misbranding was alleged for the further reason that the 
following statements regarding the curative or therapeutic effects of the article 
were false and fraudulent, since it contained no ingredient or combination of 
ingredients capable of producing the effects claimed: (Yellow leaflet) "Re- 
medial in the treatment of ailments caused by intestinal a'uto-intoxication * * * 
In mild cases of intestinal putrefaction it is advisable to begin with two or 
three tubes per day, * * * This may be reduced to one per day after the 
symptoms have disappeared. If severe symptoms are presented or if the con- 
dition is one of long standing, as many as six tubes per day should be taken."
On March 31, 1930, 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.
ARrHUR M. HYDE, Secretary of Agriculture.