1688. Misbranding of Sep-Tone.    U. S. v. Donald D. Dolan (Dolan Laboratories).
Plea of nolo contendere. Fine, $200. (F. D. C. No. 15492. Sample Nos.
72064-F, 89736-F.)
INFORMATION FILED : May 7,1945, Eastern District of Missouri, against Donald D.
Dolan, trading as the Dolan Laboratories, St. Louis, Mo.
ALLEGED SHIPMENT : On or about June 24 and October 6,1944, from the State of
Missouri into the State of Illinois.
PRODUCT,: Analysis disclosed that the product consisted essentially of water,
with small amounts of potassium dichromate; sodium, zinc, and. copper sulfo-
carbolates; ammonium chloride, and an iodide.
NATURE OF CHARGE: Misbranding, Section 502 (a), the name of the article,
"Sep-Tone," was misleading since it represented and created the impression
that the article would be an efficacious treatment for septic conditions in poul-
try, and that it would improve the tone of poultry. The article would not be
efficacious for such purposes.
Further misbranding, Section 502 (a), certain label statements were false
and misleading since they represented and suggested that the article would be
efficacious in the treatment of septic conditions in poultry.and rabbits; that it
would be efficacious to improve the tone of poultry; that it would be efficacious
in the cure, mitigation, treatment, and prevention of enteritis, mycosis, cholera,
typhoid, colds, coccidiosis, bronchitis, and other bacterial infections; that it
would be efficacious in the treatment of fowls out of condition; and that, in the
dilution recommended, it possessed antiseptic properties. The article would
not be efficacious for the purposes claimed, and it was not an antiseptic in
the dilution recommended.
DISPOSITION: October 16, 1945. A plea of nolo contendere having been entered,
the court imposed a fine of $100 on each count, a total fine of $200.