1644. Misbranding  of Hilltop  Wor-Mor,  K-M,  and  Mor-O.    IT.   S.  v.  Fred  H.
Moore (Hilltop Laboratories and Hilltop Specialties Co.). Plea of nolo
contendere. Fine, $900. (F. D. C. No. 12534, Sample Nos. 8765-F to
8767-F, incl.)
INFORMATION FILED :    September 26,1944, District of Minnesota, against Fred H.
. Moore, trading as the Hilltop Laboratories and the Hilltop Specialities Co.,
Minneapolis, Minn.
AIXEGED SHIPMENT : On or about March 17 and May 14, 1943, from the State of
Minnesota into the State of Wisconsin.
PSODTTCT : Analyses disclosed that the Wor-Mor consisted essentially of copper
sulfate, 27.87 percent, kamala, areca nuts, nux vomica (strychnine), pheno-
thiazine, iron sulfate, anise, and nicotine sulfate (nicotine 0.31 percent) ; that
the K-M consisted of a reddish colored solution containing, essentially, potas-
sium chlorate, saltpeter (potassium nitrate), epsom salt (magnesium sulfate),
potassium dichromate, and water; and that the Mor-0 consisted of a powder
containing, essentially, sodium hyposulfite, catechu, and a small amount of
lactic acid, with an odor of anise.
LABEL, IN PART: "Hilltop * * * Wor-Mor Powder [or "K-M Intestinal
Astringent for Poultry of All Ages," or "Mor-0 Poultry Drinking Water
Powder"]."
NATURE OF CHARGE;: Wor-Mor, misbranding, Section 502 (a), certain state-
ments on the label and in accompanying circulars entitled "Poultry Health
News," and "For Victory Help Your Flock Guard Against Worm Sabotage," were
false and misleading since they represented and suggested that the article con-
tained 45 percent of copper sulfate; that it would be efficacious in the cure,
' mitigation, treatment, and prevention of worms, including large roundworms,
in turkeys and chickens; that it would aid in maintaining poultry health; that
it would keep hens worm-free; that it was effective in worm prevention and
worm control; that it would be efficacious in the removal of roundworms and
the desegmentation of large tapeworms; that the use of the article would pre-
vent fowls from getting run-down from infestation with worms; and that it
would aid the poultry raiser to make a profit. The article contained not more
than 27.87 percent of copper sulfate, and it would not be efficacious for the
purposes represented.
K-M, misbranding, Section 502 (a), certain statements on the labels and
in the circulars entitled "Poultry Health News," and "For Victory Help Your
Flock Guard Against Worm Sabotage," which were delivered by the defendant's
salesman prior to the date of the shipment of the article, were false and mis-
leading since they represented and suggested that the article would be an
effective treatment for growing and laying stock that was not in a thrifty con-
dition ; that it would aid in stimulating the appetite and would aid all poultry;
that it would be efficacious in the cure, mitigation, treatment, and prevention
of mycosis and blackhead in turkeys, coccidiosis in turkeys and chickens, and
diarrhea in old hens and baby chicks; that it would be efficacious to build
resistance to disease in turkeys and chickens and to keepthem in good health
and regularly gaining weight; that it would be efficacious as an aid in starting
poults and in keeping mature turkeys in prime condition: that it would help
the digestion of the egg yolk and act as a bowel regulator in young poults;
and that it would be efficacious as a tonic to run-down birds after outbreaks
of coccidiosis, blackhead, and intestinal disorders. The labeling also bore state-
ments representing and suggesting that the K-M would lessen the death loss
in baby chicks and increase their growth; that it would be efficacious in pre-
venting epidemics; that it possessed curative and tonic properties which would
produce amazing results; that, when used in conjunction with Mor-O, it would
be efficacious in the treatment of coccidiosis when it was violent and when
droppings were bloody, caused by hemorrhages in the intestines; and that,
when used in conjunction with Wor-Mor Tablets, it would help hens stay free
from worms and would be an efficacious tonic after worming. The article did
not possess curative and tonic properties which would produce amazing results,
and it would not be efficacious for the purposes represented.
Mor-O, misbranding, Section 502 (a), certain statements in an accompanying
circular entitled "Poultry Health News" were false and misleading since they
represented and suggested that the article would be. an effective aid in the
control of coccidiosis; and that, when used in conjunction with K-M (sometimes
known as "Kure-Mor"), the article would be efficacious in the treatment of
coccidiosis when it was violent and when droppings were bloody, caused by
hemorrhages in the intestines. The article would not be efficacious for such
purposes.
DISPOSITION : June 28, 1945. A plea of nolo contendere having been entered, the
court imposed a fine of $300 on each of the 3 counts.