366. Misbranding of Ko-Ex-7 Powder and  Ko-Ex-7  Mastitis Detector.     U.  S.
v. 11 Packages of Ko-Ex-7 Powder and 11 Packages of Ko-Ex-7 Mastitis
Detector. Default decrees of condemnation and destruction. (F. D. C. Nos.
2250, 2251.   Sample Nos. 3665-E, 3666-E.)
The labeling of these veterinary products bore false and misleading representa-
tions regarding their efficacy in the conditions indicated hereinafter. The label
of the Mastitis Detector failed to bear the common or usual name of the active
ingredient, namely, bromthymol blue.
On June 25, 1940, the United States attorney for the Western District of Penn-
sylvania filed libels against 11 16-ounce packages of Ko-Ex-7 Powder and 11
packages of Ko-Ex-7 Mastitis Detector at Meadville, Pa., alleging that the articles
had been shipped in interstate commerce on or about May 3,1940, by the Sunset
Feed & Grain Co., Inc., from Buffalo, N. Y.; and charging that they were mis-
branded.
Analysis showed that the Ko-Ex-7 Powder consisted essentially of potassium
nitrate, ferrous sulfate, boric acid, together with small proportions of ammonia
and plant material; and that the Ko-Ex-7 Mastitis Detector consisted of a square
of blotting paper, a portion of which had been impregnated with an indicator such
as bromthymol blue, the purpose of which was to determine whether a solution
placed thereon was acid or alkaline in reaction.
The mastitis detector was alleged to be misbranded in that the following state-
ments in the labeling were false and misleading: "To stop losses from Mastitis1-
Use the Ko-Ex-7 Mastitis Detector * * * If detector shows milk derangement
segregate cow at once, and begin treatment." It was alleged to be misbranded
further in that the label failed to bear the common or usual name of the active
ingredient.
The Ko-Ex-7 Powder was alleged to be misbranded in that representations in
the labeling that it was efficacious in the treatment of mastitis, or garget, that
it would help correct faulty metabolism, that it would bring about normal milk
secretion, that it would be efficacious to control mastitis and stop mastitis losses,
were false and misleading since it would not be efficacious for such purposes.
On July 30, 1940, no claimant having appeared, judgments of condemnation
were entered and the products were ordered destroyed.
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