398. Misbranding: of Dr. Wright's Big Four Emulsion.   IT. S. v. 127 Gallon Cans
of Br. Wright's Big: Four Emulsion. Consent decree of condemnation.
Product released under bond to be relabeled. (F. D. C. No. 1852. Sample
No. 4114-E.)
The labeling of this veterinary product bore false and misleading representa-
tions regarding its efficacy in the conditions indicated below.
On or about May 10, 1940, the United States attorney for the Northern
District of Illinois filed a libel against 127 gallon cans of the above-named
product at Rockford, 111., alleging that the article had been shipped in inter-
state commerce on or about February 24, 1940, by the Big Four Mills, Ltd., from
Covington, Ky.; and charging that it was misbranded.
Analysis showed that the article was an emulsion containing fatty oils, small
proportions of volatile oils (including oil of eucalyptus, ginger, and turpentine),
and water.
The article was alleged to be misbranded in that the following statements in
the labeling, "Dr. Wright's Big Four Emulsion for the treatment and prevention
of Round and Tape worms in Chickens and Turkeys. Dr. Wright's Big Four
Emulsion is n< 7 dsonous. It will not in any way retard appetite, growth or
production of _ l')ird," were false and misleading since it would not be
efficacious for the purposes recommended, namely, the treatment and preven-
tion of round and tape worms in chickens and turkeys and against worms that
infest poultry.
On November 27,1940, Big Four Mills, Ltd., claimant, having admitted the alle-
gations of the libel, judgment of condemnation was entered, and it was ordered
that the product be released under bond conditioned that it be relabeled under
the supervision of the Food and Drug Administration.