27147. Adulteration and misbranding of aromatic spirits of ammonia U. S. P. U. S. v. 125 Bottles of Aromatic Spirits of Ammonia U. S. P. Default decree of condemnation and destruction. (F. & D. no. 38988. Sample no. 8010-C.) This article differed from the standard prescribed for it in the United States Pharmacopoeia in that analysis of a sample by this Department showed that it contained in each 100 cubic centimeters not more than 1.509 grams of total ammonia, and not more than 3.123 grams of ammonium carbonate; whereas the United States Pharmacopoeia provided that aromatic spirits of ammonia should contain not less than 1.7 grams of total ammonia and not less than 3.5 grams of ammonium carbonate per 100 cubic centimeters.

On January 22, 1937, the United States attorney for the District of Maryland, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 125 bottles of aromatic spirits of ammonia U. S. P. at Perry Point, Md., alleging that the article had been shipped in interstate commerce on or about December 14, 1936, by the Varlacoid Chemical Co., from New York, N. Y., and that it was adulterated and misbranded in violation of the Food and Drugs Act.

The article was alleged to be adulterated in that it was sold under a name recognized in the United States Pharmacopeia, "Aromatic Spirits of Ammonia"; and it differed from the standard of strength as determined by the test laid down in said pharmacopoeia; and its own standard of strength was not stated upon the container.

It was alleged to be misbranded in that the statement, borne on the label, "Aromatic Spirits of Ammonia U. S. P.", was false and misleading in that it represented that the article conformed to the specifications of the United States Pharmacopoeia, whereas in fact it did not conform to the specifications of the pharmacopoeia.

On February 26, 1937, no claimant having appeared, judgment of condemna. tion was entered and it was ordered that the product be destroyed.

HARRY L. BROWN,

Acting Secretary of Agriculture.

27148. Misbranding of Mentos. U. S. v. 64 Bottles of Mentos. Default decree of condemnation and destruction. (F. & D. no. 39014. Sample no. 23395-C.) The label of this article bore false and fraudulent representations regarding its curative or therapeutic effect.

On January 29, 1937, the United States attorney for the District of Maryland, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 64 bottles of Mentos at Baltimore, Md., alleging that it had been shipped in interstate commerce on or about January 4, 1937, by J. Mento, from Philadelphia, Pa., and that it was misbranded in violation of the Food and Drugs Act as amended.

Analysis of the article showed that it consisted essentially of sulphur, borax, ammonia, sodium bicarbonate, and water, with small quantities of perfume materials.

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*

It was alleged to be misbranded in that the following statements regarding its curative or therapeutic effect, borne on the bottle label, falsely and fraudulently represented that it was capable of producing the effect claimed in said statements: * for Dandruff, Falling Hair, Ringworm, and Scalp Irritations. A Medicine for Skin and Scalp Mentos * stimulates the glands and allows the blood to circulate freely and nourish the roots. For this reason, Mentos is recommended for scalp disorders such as psoriasis, eczema, dandruff, falling hair and scaling scalp. 'Six Week' Treatment From our past experience, we have found that many persons who have taken this Six Week Treatment have obtained excellent results in the promotion of new hair growth and healthy scalp conditions." On March 3, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

27149. Misbranding of Lifsey's Vim Herb.

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HARRY L. BROWN, Acting Secretary of Agriculture.

U. S. v. 90 Bottles of Lifsey's Vim Herb. Default decree of condemnation and destruction. (F. & D. no. 39019. Sample no. 22672-C.)

The labeling of this article contained false and fraudulent representations regarding its curative and therapeutic effect.

On or about February 3, 1937, the United States attorney for the Northern District of Georgia, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 90 bottles of Lifsey's Vim Herb at Atlanta, Ga., alleging that it had been shipped in interstate commerce on or about November 24, 1936, by A. P. Durham from Anderson, S. C., and that it was misbranded in violation of the Food and Drugs Act as amended. Analysis of the article showed that it was composed of plant extractives and one or more emodin-bearing drugs.

The article was alleged to be misbranded in that statements regarding its curative or therapeutic effects, borne on the bottle labels and cartons and contained in an enclosed circular, falsely and fraudulently represented that it would be effective as a cure or remedy for, and for the treatment or relief of, constipation; stomach, liver, and kidney disorders and all impoverished or changed conditions of the system; and disorders of the blood; and would be effective to cleanse the system and restore ills caused by or attending constipation, including fullness after meals, dizziness, biliousness, and coated tongue; effective to restore vim, vigor, vitality, and health; effective to restore perfect health; would be effective in purifying, strengthening, upbuilding, and revitalizing the system; effective in removing health-destroying poisons that cause sickness; effective in supplying perfect health and vigorous vitality; effective as a medicine for the entire system; and would afford relief from all stomach, liver, kidney, and bowel difficulties.

On March 1, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

27150. Misbranding of Dunlap's Colic Remedy for Horses and Cattle.

U. S. v.

15 Bottles of Dunlap's Colic Remedy for Horses and Cattle. Default decree of condemnation and destruction. (F. & D. no. 39025. Sample no. 5040-C.)

The quantity of alcohol contained in this article was misrepresented on the cartons and bottle labels. These labels and a circular enclosed in the cartons, bore and contained false and fraudulent curative or therapeutic claims.

On February 2, 1937, the United States attorney for the Eastern District of Arkansas, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 15 bottles of Dunlap's Colic Remedy for Horses and Cattle at Madison, Ark., alleging that it had been shipped in interstate commerce on or about January 21, 1937, by the Morna Wright Medicine Co., from Memphis, Tenn., and that it was misbranded in violation of the Food and Drugs Act.

Analysis of the article showed that it consisted essentially of alcohol (49.5 percent) and water, with small proportions of ether, ammonia, camphor, ethyl nitrite, asafetida, and extracts of plant materials.

It was alleged to be misbranded in that the statements, "Contains 35 Per Cent Alcohol", borne on the carton, and "Contains 35% Alcohol", borne on the bottle label, were false and misleading. The article was alleged to be misbranded further in that the following statements regarding its curative or therapeutic effect, borne on the bottle labels and cartons, and contained in a circular enclosed in the cartons, falsely and fraudulently represented that it was capable of producing the effect claimed in said statements: (Bottle label) "Colic Remedy for Horses and Mules Warranted to relieve Colic and acts on the Kidneys"; (carton) "Colic Remedy for Horses and Mules You can recommend our Colic Remedy to your customers with our assurance that it will give satisfaction. * * Our Colic Remedy is warranted to give satisfaction. Ask any one who has tried it. In severe cases it is sometimes necessary to give the second or third dose"; (circular) "Dunlap's Colic Remedy was not devised to be sold on the basis of cheapness, but with the sole idea of producing the very best general colic remedy that possibly could be made. Good Reasons

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for Using Dunlap's Colic Remedy: 1. Because it usually acts direct on the Kidneys and Bowels in 15 to 30 minutes, and as a rule relieves Gravel. 2. Because it will strengthen the digestive organs and give the animal a good appetite."

On March 16, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

N. J., F. D. 27151-27225

15

3

Issued September 1937

United States Department of Agriculture

FOOD AND DRUG ADMINISTRATION

NOTICES OF JUDGMENT UNDER THE FOOD AND DRUGS ACT

[Given pursuant to section 4 of the Food and Drugs Act]

27151-27225

[Approved by the Acting Secretary of Agriculture, Washington, D. C., August 4, 1937] 27151. Adulteration and misbranding of butter. U. S. v. Davis-Cleaver Produce Co. Plea of guilty. Fine, $350 and costs. (F. & D. no. 33900. ple nos, 58201-A, 58202-A, 58490-A, 58492-A, 58493-A, 58506-A, 58507-A, 58508-A, 59248-A, 66049-A, 66125-A, 13505-B.)

Sam

This case involved interstate shipments of butter that was deficient in milk fat, and a portion of which was short in weight.

On March 27, 1935, the United States attorney for the Southern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the Davis-Cleaver Produce Co., a corporation of Quincy, Ill., alleging shipment by said company in violation of the Food and Drugs Act between the dates of May 23, 1933, and August 22, 1934, from the State of Illinois into the States of Maine, Massachusetts, Michigan, Missouri, and New York of quantities of butter that was adulterated and a portion of which was misbranded. Certain lots were labeled variously: "Country Roll IGA Brand Butter * Packed for Independ

ent Grocers Alliance Distributing Co. Chicago, Illinois"; "Red Oak Brand Butter"; "Fancy Roll Butter, Ferndale Country Roll Packed expressly for Charles Abrams & Sons, Long Island City"; "Ferndale Creamery Butter manufactured by Davis-Cleaver Produce Co., Quincy, Illinois One Pound net weight."

The article was alleged to be adulterated in that a product that contained less than 80 percent by weight of milk fat had been substituted for butter, a product which must contain not less than 80 percent by weight of milk fat as defined by the act of Congress of March 4, 1923, which the article purported to be.

Portions of the article were alleged to be misbranded in that the statement "butter", borne on the packages, was false and misleading since it represented that the article was butter as defined by law; whereas it was a product deficient in milk fat in that it contained less than 80 percent by weight of milk fat; and in that it was labeled as aforesaid so as to deceive and mislead the purchaser. One lot was alleged to be misbranded further in that the statement "One Pound Net Weight", borne on the carton, was false and misleading and was borne on said carton so as to deceive and mislead the purchaser since the carton contained less than 1 pound; and in that it was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package, since the statement made was incorrect.

On April 9, 1937, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $350 and costs.

M. L. WILSON, Acting Secretary of Agriculture.

97152. Misbranding of olive oil.

Plea of guilty.

U. S. v. John Montecalvo. Fine, $50. (F. & D. no. 35882. Sample no. 25869-B.) This product was represented to be imported olive oil. Examination showed that it consisted chiefly, if not wholly, of domestic cottonseed oil.

On August 11, 1936, the United States attorney for the District of Rhode Island, acting upon a report by the Secretary of Agriculture, filed in the

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district court an information against John Montecalvo, Providence, R. I., alleging shipment by said defendant in violation of the Food and Drugs Act on or about January 18, 1935, from the State of Rhode Island into the State of Massachusetts of a quantity of alleged olive oil that was misbranded. The article was labeled in part: "Imported from Italy Vieste Gargano brand Pure Olive Oil Prodotto di Vieste-Italia Impaccato dai Vieste Gargano Co."

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It was alleged to be misbranded in that the statements, "Vieste Gargano Pure Olive Oil", "Olio Puro Di Oliva", "Prodotto Di Vieste-Italia Impaccato dai Vieste Gargano Co.", "The Olive Oil Contained in this Can is of Finest Quality & Guaranteed Absolutely Pure under Chemical Analysis", "L'Olio Di Oliva Impaccato In Questa Latta E' Garantito Puro Sotto Analisi Chimica", and "Imported from Italy", together with designs showing olive branches bearing olives, borne on the cans containing the article, were false and misleading and were borne on the cans so as to deceive and mislead the purchaser, since they represented that the article was pure olive oil produced in and imported from Italy: whereas it was not pure olive oil produced in and imported from Italy but was a domestic product consisting chiefly, if not wholly, of cottonseed oil. The article was alleged to be misbranded further in that it was offered for sale under the distinctive name of another article, olive oil.

On September 4, 1936, a plea of guilty was entered and the court imposed a fine of $50. M. L. WILSON, Acting Secretary of Agriculture.

27153. Alleged adulteration of apples. U. S. v. Frank H. Hogue. Tried to the court and a jury. Verdict of not guilty. (F. & D. no. 35934. Sample no. 3886-B.)

On December 24, 1935, the United States attorney for the District of Idaho, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Frank H. Hogue, of Payette, Idaho, trading at Fruitland, Idaho, charging shipment by said defendant in violation of the Food and Drugs Act, on or about October 18, 1934, from the State of Idaho into the State of South Dakota of a quantity of apples that were alleged to be adulterated. The article was labeled in part: (Rubber stamp) "H. D. Coble Weiser, Idaho Winesap."

It was alleged to be adulterated in that it contained poisonous or deleterious ingredients, arsenic and lead, in amounts which might have rendered it injurious to health.

On September 24, 1936, the defendant having entered a plea of not guilty, the case came on for trial before a jury. The trial was concluded on September 26, 1936, on which date the jury returned a verdict of not guilty.

M. L. WILSON, Acting Secretary of Agriculture.

27154. Adulteration and misbranding of dairy feed. U. S. v. El Reno Mill & Elevator Co. Case submitted to court on agreed facts. Judgment of guilty; fine, $75 and costs. (F. & D. no. 35956. Sample nos. 10152-B, 10153-B.)

This case involved an interstate shipment of dairy feed of which a portion contained oat hulls, weed seeds, and dried weeds, and more crude fiber and less nitrogen-free extract than declared on the label; and another portion contained ingredients not listed on the label, certain ingredients in excess, and other ingredients in a lesser amount than the percentages declared.

On September 16, 1935, the United States attorney for the Western District of Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the El Reno Mill & Elevator Co., a corporation trading at El Reno, Okla., alleging shipment by said company in violation of the Food and Drugs Act on or about September 28, 1934, and January 4, 1935, from the State of Oklahoma into the State of Texas of quantities of dairy feed of which a part was adulterated and misbranded, and the remainder was misbranded. A portion of the article was labeled in part: "Humreno Dairy Feed With Limestone, composed of corn feed meal, ground kafir, wheat bran, 43% protein cottonseed meal, 34% protein linseed meal, ground limestone 1%, bone meal, salt 1%, Manufactured by El Reno Mill & Elevator Company El Reno, Oklahoma." The remainder was labeled in part: "Big 'E' Pasture Substitute with Molasses and Limestone ** tured by El Reno Mill & Elevator Company El Reno, Okla."

Manufac