210. Misbranding:  of  Koxy-Ton.     XJ.   S.  v.  Five   1-Gallon  Containers,   10  Half-
Gallon  Containers, and 3  One-Fourth Gallon Containers of Koxy-Ton.
Default  decree  of  condemnation  and  destruction.     (F.   D.   C.   No.   1761.
Sample No. 5803-E.)
The labeling of this product bore false and misleading representations re-
garding its efficacy in the treatment of the conditions indicated below.
On April 12, 1940, the United States attorney for the Southern District of
Indiana filed a libel (amended June 7, 1940) against the above .quantities of
Koxy-Ton at Sullivan, Ind., alleging that the article had been shipped in inter-
state commerce on or about June 10, 1939, by the Kilz-Jerm Laboratory from
West Toledo, Ohio; and charging that it was misbranded.
Analysis showed that the article consisted essentially of magnesium sulfate,
catechu, acetic acid, and water.
The article was alleged to be misbranded in that its labeling bore representa-
tions that it constituted a properly balanced product for use in the prevention
and treatment of-ebecidiosis. in poultry; that eoeeidiosis may occur at any time
when chicks are 1 week to 4months old or may be found in chronic form in
older birds;, that the product should, be fed at regular intervals each week
according to directions as a preventative and that a careful program might
save many dollars already invested in chicks and,feed; that special care should
be taken during treatment that no other souree of drinking water be available
as this would reduce the amount of the drug the birds would drink and best
results would not be obtained; that one tablespoonful of the product to each
gallon of drinking water should be given 2 or 3 days each week as a preventa-
tive; that where coccidiosis is suspected or active one; or two ounces of the
product to each gallon of drinking water should be administered until all
symptoms of disease are gone; that then directions for prevention should be
followed to help avoid a reinfestation; that where coccidiosis in chronic, form
is suspected 1 ounce of the product should be used to each gallon of drinking
water, 2 or 3 days each week and that for turkeys the same proportion should
be used as for chickens, which representations were false and misleading since
the article was not efficacious for the purposes so recommended.
On June 29, 1946, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.