2346. Misbranding  of Poultry Pep,  Poultry-Ton  and  Conditioner  for  Poultry,
Chick-Ton, Pheno Nox-Ide-Tabs, and Large Round Worm Powder. U. S.
v. Hobbs & Co., Walter C. Hobbs, and Mason B. Hobbs. Pleas of guilty.
Fine of $250 and costs against the defendants jointly. (F. D. C. No. 23213.
Sample Nos. 22763-H to 22765-H, incl., 34949-H to 34951-H, incl., 35981-H,
35982-H.)
INFORMATION FILED: December 8, 1947, District of Kansas, against Hobbs &
Co., a partnership, Kansas City, Kans., and Walter C. Hobbs and Mason B.
Hobbs, members of the partnership.
ALLEGED SHIPMENT: On or about March 14 and April 2 and 6, 1946, from the
State of Kansas into the States of Illinois and Missouri.
PRODUCT : Analyses disclosed that the Poultry Pep was an aqueous solution con-
taining principally magnesium sulfate, alum, and salt, with smaller amounts
of iron, manganese, and chromium compounds; that the Poultry-Ton aM Con-
ditioner for Poultry was a mixture containing chiefly iron sulfate, copper
sulfate, and magnesium sulfate, and smaller amounts of zinc sulfate, and plant-
material including nux vomica; that the Chick-Ton was a mixture of iron
sulfate, copper sulfate, sulfur, sodium bicarbonate, and plant material includ-
ing nux vomica; that the Pheno Nox-Ide-Tabs consisted of a green compressed
tablet containing chiefly zinc sulfate, sodium, alum, and boric acid, and a
small amount of zinc phenolsulfonate; and that the Large Round Worm
Powder was a gray powder consisting chiefly of copper sulfate, iron sulfate,
and magnesium sulfate, with smaller amounts of quassia, nux vomica, kamala,
and areca nut.
LABEL, IN PART : "The Hobbs Gold Bond Poultry Pep," "Gold Bond Poultry-Ton
and Conditioner For Poultry," "Judge Hobbs' Gold Bond Chick-Ton," "The
Hobbs Pheno Nox-Ide-Tabs," or "Gold Bond Large Round Worm Powder."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
respective labels and in leaflets entitled "Gold Bond Products Used and Sold
by the World's Largest Baby Chick Producers," in letters addressed "Dear
Poultry Friend" mailed to the consignees of the Poultry-Ton and the Chick-Ton
about two days subsequent to the shipment of the drugs, and in a leaflet entitled
"Why Buy Feed for Germs and Worms?" shipped with the Large Round Worm
Powder were false and misleading, since the articles would not be effective
to accomplish the purposes represented and suggested.
The false and misleading representations in the labeling were to the follow-
ing effect:
?See also No. 2310.
That the Poultry Pep would be efficacious to stimulate poultry; that it would
minimize the danger of infection and digestive disorders; that it would be a      ,-.'
treatment for diseased conditions of poultry; that it would correct abnormal    f
conditions of fowls; that it would be efficacious as a healing agent for poultry;     V
that it would be beneficial for fowls of all ages; that it would assist in the
healing of inflamed parts; and that it would combat disease spreading to other
fowls;
That the Poultry-Ton and Conditioner for Poultry would be efficacious to
combat infestation of large round worms; that it would keep fowls tuned up;
that it would assist birds in maintaining vigor and health; that it would be
efficacious as a conditioner and would promote thriftiness and appetite; that
it would be efficacious in the treatment of chicken pox or sorehead, fowl cholera,
typhoid and liver trouble, leukemia, paralysis of poultry, and tracheitis of
poultry; that it would rebuild vitality of. depleted fowl's system caused by worm
infestation; that it would be efficacious to combat infestations; that it would
clear the blood stream of impurities; and that it would combat diseases;
That the Chick-Ton would be efficacious to control and combat simple bowel
disorders; that it would be efficacious as an aid in treating aspergillosis and
brooder pneumonia, and in the treatment of coccidiosis; that it would be
efficacious to combat the miseries of chicks; that it would be efficacious against
? worms; that it would be an aid to health; and that it would be a remedy for
diarrhea;
That the Pheno Nox-Ide-Taos would be of value in the prevention and treat-
ment of disease conditions of fowls; and,
That the Large Round Worm Powder would be an effective treatment for
large roundworms, and that it would be efficacious to combat large round-
worms, tapeworms, and pinworms, and worms and germs of the intestinal tract
of poultry.
Further misbranding, the statements "Copper Sulphate 25?" on the label
of the Poultry-Ton and Conditioner for Poultry and "Copper Sulphate 38?" on
the label of the Chick-Ton were false and misleading, since the articles con-
tained less copper sulfate than so represented.
DISPOSITION : January 5, 1948. Pleas of guilty having been entered, the court
imposed a fine of $50 on each of the 5 counts of the information, together with
costs, against the defendants jointly.