1146. Misbranding of Hawk's Fen-R-Tabs, Hul-Ene, and Inhalant Spray.    U. S.
v. 1,494 Cans of Hawk's Fen-R-Tabs, 150 Bottles of Hawk's Mul-Ene, and
65 Bottles of Hawk's Inhalant Spray.' Decree of condemnation. Products
ordered released under bond. (F. D. C. No. 10118. Sample Nos. 3586-F
to 3588-F, incl.)
On August 23, 1943, the United States attorney for the District of Kansas filed
a libel against 964 cans containing 125 tablets each, 497 cans containing 300
tablets each, and 33 cans containing 500 tablets each of Hawk's Fen-R-Tabs, 67 1-
quart bottles and 83 1-pint bottles of Hawk's Mul-Ene, and 17 1-pint bottles
and 48 ?-pint bottles of Hawk's Inhalant Spray at Atchison, Kans., alleging
that the articles had been shipped within the period from May 23 through
October 22, 1942, from Cedar Rapids, Iowa, by the Shores Co.; and charging
that they were misbranded. It was also alleged in the libel that booklets
entitled "Poultry Profits" were shipped on August 31, 1942, by the Shores Co,
from Cedar Rapids, Iowa; and that the booklets accompanied the articles when
the articles were introduced into and while they were in interstate commerce.
Analysis disclosed that the Hawk's Fen-R-Tabs consisted essentially of
phenolsulfonates of sodium, calcium, and zinc and copper arsenite; that Hawk's
Mul-Ene consisted essentially of oil of pine, eucalyptus, thymol, acetic acid,
hydrochloric acid, emulsifying material, mineral oil, and a saponifiable oil such
as castor oil; and that the Hawk's Inhalant Spray consisted essentially of pine
oil, camphor, eucalyptol, phenolic compounds (including creosote), and coloring
material.
The articles were alleged to be misbranded in that certain statements in the
booklet entitled "Poultry Profits" were false and misleading since such state-
ments, as they related to each article, represented and suggested that the articles
constituted appropriate and adequate treatments for the conditions and diseases
of poultry enumerated therein, namely, in the case of the Fen-R-Tabs, pasting of
the vent, worms, roup, colds, respiratory conditions, cholera, pox, typhoid, and
bowel troubles; in the case of the Mul-Ene, coccidiosis, worms, mycosis, tri-
chomoniasis, and blackhead; and in the case of the Inhalant Spray, pasting of
the vent, roup, colds, respiratory conditions, and pox, whereas the articles, when
used as directed, did not constitute appropriate or adequate treatments for such
diseases or conditions of poultry.
On September 3, 1943, the Shores Co., claimant, having admitted that the
products were misbranded as alleged in the libel, judgment of condemnation was
entered and the products were ordered released under bond, conditioned that they
be brought into compliance with the law under the supervision of the Food and
Dfug Administration.   The booklets were destroyed.