2244. Misbranding of Niko  Niko-Lene and Gold Medal Niko-Lene.    U.  S. v. 23
Bottles, etc.     (F. D. C. No. 20568.    Sample Nos. 35995-H, 35996-H.)
LIBEL FILED:    On or about August 2, 1946, Western District of Missouri.
ALLEGED SHIPMENT: On or about June 6, 1946, by Niko Laboratories, from
Clay Center, Kans.
PuoDtrcT: 23 1-pint bottles of Niko, Niko-Lene and 4 1-quart bottles of Gold,
Medal Niko-Lene at St. Joseph, Mo. Analysis disclosed that the articles con-
sisted essentially of water, with small amounts of sulfates of copper, iron,
manganese, aluminum and magnesium, potassium dichromate, and methyl
violet.
NATURE OF CHAEQE: Misbranding, Section 502 (a), the label designations of
the articles, i. e., "Niko Niko-Lene" and "Niko-Lene," were misleading since they
suggested and implied that the articles contained nicotine which would be
effective in the treatment of large round worms that infest poultry, whereas
the articles did not contain nicotine and would not be effective in the treatment
of any species of worms which infest poultry. Further misbranding, Section
502 (a), certain statements on the label of the articles were false and mis-
leading since they represented and suggested that the articles would be
effective as a flock treatment of diseased conditions of poultry, including those
diseased conditions which may cause bloody droppings, and that they would
be effective as an intestinal astringent, whereas the articles would not be
effective in the treatment of any diseased condition of poultry and would
not be effective as an intestinal astringent.
DISPOSITION: March 3, 1947. Niko Laboratories, claimant, having withdrawn
its answer to the libel, judgment was entered ordering that the products be
destroyed.