Creosote removed; the "heavy oil", which sinks; and the "anthracene oil", which when cold is mostly solid and greasy, of a buttery consistence. Creosote refers to the portion of coal tar which distills as "heavy oil", typically between 230–270 °C, also called "dead oil"; it sinks into water but still is fairly liquid. Carbolic acid is produced in the second fraction of distillation and is often distilled into what is referred to as "carbolic oil". Commercial creosote will contain substances from six groups. The two groups occur in the greatest amounts and are the products of the distillation process—the "tar acids",
Litigation before the judgment in Carlill v Carbolic Smoke Ball Co the Queen's Bench, Hawkins J decided that Carlill was bound to recover £100. The facts were not in dispute. Submissions were made by both sides and then Hawkins J gave his judgment. H. H. Asquith QC (the future Prime Minister) and Herman William Loehnis represented the Carbolic Smoke Ball Co. They made three submissions. Firsly, that there was no contract, because Carbolic had not intended to create an obligation enforceable by law upon themselves, shown by the wide terms in which the advertisement was expressed. The advertisement said the "reward" was for anyone getting influenza "after having used the ball",