21795. Adulteration   and   misbranding;   6f  Nestor   Emulsion   of  Pure   Cod
Liver Oil.    U. S. v. Nestor Drug; & Chemical Co. and Julius Loeser. 
Plea of guilty.    Fine, $250.    (F._& D. no. 30217.    Sample no. 13902-A.)
Examination of the drug preparation, Nestor Emulsion of Pure Cod Liver 
Oil, disclosed that the article contained no ingredient or combination of in- 
gredients capable of producing certain curative and therapeutic effects claimed 
in the labeling. The article was also found to contain less. cod-liver oil than 
was claimed on the carton. The declarations qf^^c^jfiql on the bottle and 
carton were incorrect and inconsistent. 
" J ¦ * >       ¦-   - 
On November 2, 1933, the United States attorney for the Northern District 
of Illinois,  acting upon a report by the  Secretary of Agriculture, filed  in .
the district court an information against the Nestor Drug & Chemical Co., a 
corporation, and Julius Loeser, president of the said corporation, of Chicago, 
111., alleging shipment by said defendants in violation of the Food and Drugs 
Act as .amended, on or about March 4, 1932, from the State of Illinois into 
the State of Kentucky, of a quantity of Nestor Emulsion of Pure Cod Liver 
Oil that was adulterated and misbranded.
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of an emulsion containing chiefly cod-liver oil (42.7 percent), 
small amounts of calcium hypophosphite, sodium hypophosphite, phosphoric 
acid, egg yolk, alcohol (3.76 percent), and water, flavored with methyl salicylate.
It was alleged in the information that the article was adulterated in that 
its strength and purity fell below the professed standard and quality under 
which it was sold, since it was represented to contain 50 percent of cod-liver 
oil, and on the bottle label it was represented to contain 6 percent' of alcohol 
and, on the carton, to contain 12y2 percent of alcohol, whereas it contained 
not more than 42.7 percent of cod-liver oil and not more than 3.76 percent 
of alcohol.
Misbranding was alleged for the reason that the statement, " 12%% Alco- 
hol ", borne on the carton, and the statements, " Cod Liver Oil 50% " and 
" 6% Alcohol", borne on the bottle label, were false and misleading. Mis- 
branding was alleged for the further reason that certain statements, designs, 
and devices regarding the therapeutic and curative effects of the article, 
appearing on the bottle label, falsely and fraudulently represented that the 
article was effective as a reliable preparation for many forms of pulmonary 
diseases and other lung troubles, and effective as a remedy for coughs and 
general debility.
On December 15, 1933, a plea of guilty to the information was entered on 
behalf of the defendants, and the court imposed a fine of $250.
M. L. WILSON, Acting Secretary of Agriculture.