844. Misbranding: of Bovosan.    U. S. v. Robert Gisler.   Plea of not guilty.   Tried
to the court.    Judgment of guilty on charge of failure to declare active
ingredients  and  not guilty  on  charges  based npon therapeutic claims.
(F. D. a No. 6487.    Sample No. 60023-E.)
On April 2, 1942, the United States attorney for the Northern District of Cali-
fornia filed an information against Robert Gisler of San Francisco, Calif., alleging
shipment on or about December 16, 1940, from the State of California into the
State of Oregon of a quantity of Bovosan which was misbranded.
Analysis of a sample of the article showed that it consisted essentially of
small porportions of sulfur, phenolic compounds, and soap, incorporated in a
base of petrolatum.
It was alleged that the article was misbranded in that statements appearing
in the labeling which represented and suggested that it would be efficacious in
the treatment of vaginitis and related diseases and that it would be efficacious
to prevent infection of a healthy cow by a diseased bull or of a healthy bull by a
diseased cow, were false and misleading, since the article would not be efficacious
for such purposes. It was alleged to be misbranded further in that it was not
designated solely by a name recognized in an official compendium, and was fabri-
cated from two or more ingredients and its label did not bear the common
or usual name of each active ingredient.
On May 26, 1942, the defendant having entered a plea of not guilty, the case
came on for trial before the court without a jury. The trial having been con-
cluded on May 29,1942, the court entered judgment that the defendant was guilty
on the charge of failure to declare the active ingredients, but was not guilty on
the remaining charges. The court reserved sentence and on October 19, 1942, im-
posed a fine of $10.