2141. Misbranding of Federal Swine Compound. U. S. v. Joseph Borkovec (Fed-
eral Chemical Co.). Plea of not guilty. Tried to the court and jury-
Verdict of guilty. Fine, $500 and costs. (F. D. C. No. 1784a. Sample Nos.
19227-H, 19228-H.)
INFORMATION FILED : April 12,1946, Northern District of Illinois, against Joseph
Borkovec, trading as the Federal Chemical Company, Willow Springs, 111.
ALLEGED SHIPMENT: The product, together with a number of leaflets entitled
"Information Blank" and a number of pamphlets entitled "Stop Hog Losses,"
was shipped from the State of Illinois into the State of Iowa. The product
was shipped on or about March 27, 1945, and the leaflets and pamphlets were
shipped on or about March 5, 1945.
LABEL, IN PABT: "Federal Original Swine Compound An All Liquid Hog
Medicine   *   *   *   Oats    Medicine   *    *   *   Drinking    Water    Medicine
*?* * Jess W. Jones, Willow Springs, Illinois (Owner and Producer Since
1917)    Formerly Federal Chemical Company, Omaha, Nebr."
NATURE OF CHARGE : Oats Medicine and Drinking Water Medicine. Misbrand-
ing, Section 502  (a), the label statements "An All Liquid Hog Medicine
*?* * A Tested Prescription * * * Treatment Consists of Two Differ-
ent Medicines, Oats Medicine [or "Drinking Water Medicine"]," as well as
certain statements in the leaflets and pamphlets which accompanied the
articles were false and misleading since they represented and suggested that
the articles when used in combination would be efficacious in maintaining hogs
in good condition and in bringing back to normal condition hogs which were
not in good condition; that the articles would be efficacious in the prevention
and treatment of necro, "bull-nose" or sniffles, necrotic enteritis, scours and
bloody scours, "flu," swine plague, pneumonia, typhoid and paratyphoid infec-
tions in hogs, mixed infections, and parasites and worms; that they would
be efficacious in the treatment of sick hogs and would stop hog losses; that
they would aid in the correction and prevention of swine diseases; that they
would go directly to the source of the disease; and that they would assure
hog health. The articles would not be efficacious for the purposes stated or
implied.
DISPOSITION : On May 5, 1947, the defendant having entered a plea of not
guilty, the case came on for trial before a jury and resulted in a verdict of
guilty. On May 16, 1947, the court imposed a fine of $250 on each of the 2
counts of the information.
* See also No. 2114.