1496. Misbranding of Dr. David Roberts Worm Seed, Udder Balm, and Udderlne.
U. S. v. 69 Cartons of Worm Seed,1122 Cartons of Udder Balm, 21 Bot-
tles of Udderlne, and 600 Booklets. Default decree of condemnation and
destruction.    (F. D. C. No. 13779.    Sample Nos. 71072-F, 71074-F, 71075-F.)
On or about September 19, 1944, the United States attorney for the District of
Oregon filed a libel against 69 15-ounce packages of Worm Seed, 122 6-ounce
cartons of Udder Balm, 21 4-ounce bottles of Udderine, and 603 booklets entitled
"The Cattle Specialist," at Portland, Oreg., alleging that the articles had been
shipped on or about May 18,1944, by the Dr. David Roberts Veterinary Co., from
Waukesha, Wis.
Microscopic examination of the Worm Seed showed that the article consisted
of ground vegetable tissues, such as wheat grain, linseed, wormseed, corn grain,
tobacco stems, quassia wood, licorice root, bean pod, and locust, together with
mineral matter such as partially dried iron sulfate, copper sulfate, potassium
nitrate, boric acid, and carbon particles such as charcoal. This examination did
not show the presence of any male fern. Chemical analysis showed that the
article contained 0.90 percent phenothiazine and 0.14 percent nicotine. The
article was alleged to be misbranded in that certain statements on the carton
label and in the accompanying booklet were false and misleading since they
implied that the article contained male fern and phenothiazine in sufficient
amounts to be an effective treatment for common worms which infest poultry
and livestock, when administered in accordance with the directions in the label-
ing, whereas the article contained no male fern and but an insignificant amount
of phenothiazine, and it would be of no value when used as directed for any species
of worms which infest livestock and poultry.
Analysis of the Udder Balm showed that it was an ointment composed of
saponifiable and unsaponifiable fatty matter, together with volatile oils such as
turpentine, eucalyptus, and sassafras. Analysis of the Udderine showed that it
was an emulsion consisting of water, chloroform, soap, ammonium chloride, and
turpentine. Both articles were alleged to be misbranded in that certain state-
ments on the carton labels and in the accompanying booklet were false and
misleading since they implied that the articles, when used as directed, would be
efficacious in the treatment of mastitis, caked and swollen udder, and other udder
troubles of cows, whereas the articles, when used as directed, would have no
value in the treatment of any disease condition of the udder of cows.
On November 8, 1944, no claimant having appeared, judgment of condemnation
was entered and the products and booklets were ordered destroyed.