2189. Misbranding of medicated charcoal.   U. S. v. Des Moines Incubator Co. and
Philip Worth.    Pleas of nolo contendere.   Fine of $25 and costs against
each defendant.   (F. D. C. No. 20171.   Sample No. 33158-H.)
INFORMATION FILED: October 23, 1946, Southern District of Iowa, against the
Des Moines Incubator Co., a corporation, Des Moines, Iowa, and Philip Worth,
president and manager of the corporation.
ALLEGED SHIPMENT: On or about June 19, 1945, from the State of Iowa into
the State of Kansas.
PRODUCT : Analysis disclosed that the product consisted of approximately 90 per-
cent charcoal, 7 percent calcium carbonate, 1.5 percent epsom salt, 0.4 percent
glauber salt, and a small amount of brown fibrous material.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
label of the article and in the circular entitled "Directions for Feeding," which
accompanied the article, were false and misleading since they represented and
created the impression that the article would be effective in the prevention
and treatment of disease conditions in poultry; that the ingredient, charcoal,
would be of therapeutic importance in the prevention and treatment of disease;
that the article contained glauber salt, white oak bark, and epsom salt in
amounts sufficient to be of therapeutic importance in the treatment and pre-
vention of disease when used as directed: The article would not be efficacious
for the purposes represented and would not be of therapeutic importance by
reason of the stated ingredients, in that the article contained insignificant
proportions of any substance other than charcoal and would furnish no thera-
peutically active amount of any ingredient.
DISPOSITION : June 17,1947. Pleas of nolo contendere haying been entered, the
court imposed a fine of $25 and costs against each defendant.