17924. Misbranding of Lanman & Kemp's Pure cod-liver oil, and Lanman 
A Kemp's Cod OH Black. IT. S. v. 27 Large-Sized Bottles of Lan- 
man & Kemp's Pure Cod Liver Oil, et al. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. Nos. 25811, 25812. 
I. S. Nos. 5734, 5735.    S. No. 3913.)
The cod-liver oil and Cod Oil Black from the herein-described shipments 
having been found to bear in the labeling curative and therapeutic claims 
that were not justified, the Secretary of Agriculture reported the matter to 
the United States attorney for the District of Porto Rico.
On January 30, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 27 large-sized bottles and 20 small-sized bottles of Lanman 
& Kemp's Pure cod-liver oil and 32 large-sized bottles and 25 small-sized 
bottles of Lanman & Kemp's Cod Oil Black, alleging that the articles had been 
shipped by Lanman & Kemp (Inc.), New York, N. Y., on or about April 2, 
1930, to San Juan, P. R., and were being sold and offered for sale in Porto 
Rico by J. M. Blanco (Inc.), San Juan, P. R., and charging misbranding in 
violation of the food and drugs act as amended.
Analyses of samples of the articles by this department showed that the 
article labeled "Pure Cod Liver Oil" consisted of cod-liver oil; and that the 
article labeled " Cod Oil Black " consisted of rancid, dark-colored cod-liver oil.
It was alleged in the libel that the articles were misbranded in that the 
following statements regarding the curative or therapeutic effects of the said 
articles, were false and fraudulent, since they contained no ingredients or 
combinations of ingredients capable of producing the effects claimed: (Cod- 
liver oil, circular) " The purity and superior medicinal qualities of this article 
have acquired for it a high reputation * * * in cases of Consumption, 
Rheumatism, Liver Complaint, &c. * * * One thing is certain, that for 
the diseases of the Throat, Lungs and Liver, there is no remedy more popular 
than Pure Cod Liver Oil. * * * It fattens and strengthens the patient 
as well as acts specifically upon the seat of the disease. * * * relieves 
indigestion * * * In the hospitals it is considered a standard remedy 
for diseases of the lungs, rheumatism, liver complaint, and many disorders 
of the .stomach and bowels. * * * is still frequently surprising me by 
the wonders it occasionally works, even in aggravated and advanced cases of 
scrofula, mesenteric diseases, pulmonary consumption, chronic pneumonia, 
pleurisy and chronic rheumatism. * * * interesting cases of Consumption 
in which this remedy was employed. In all of them great benefit Was ex- 
perienced from its use. Even in the second and third stages of this terrible 
complaint patients convalesced under its influence. ' In a few days,' says the 
report, ' the cough was mitigated, expectoration diminished in quantity and 
opacity, night-sweats ceased, and the pulse became slower and of better volume, 
and the appetite, flesh and strength gradually improved.' * * * that oil 
taken when fresh and pure from the cells of the cod's liver, is one of the best 
agents, medicinal and dietetic, that has ever been prescribed for pulmonary 
consumption;" (cod-liver oil, translation from circular in Spanish) "Catarrhs 
* * * malnutrition;" (Cod Oil Black, translation from Spanish label) "A 
remedy for Phthisis, Asthma, Chronic Rheumatism and Pulmonary Diseases."
On March 7, 1931, 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.
AETHXJE M. HYDE, Secretary of Agriculture.