2444. Misbranding' of Lewis Spray for Poultry, Lewis Worm Killer, and Lewis
Muroil. U. S. v. The Lincoln Hatchery. Plea of nolo contendere. Fine
of $75 and costs. (F. D. C. No. 21485. Sample Nos. 19641-H, 56508-H,
56510-H.)
INFORMATION FILED: June 24, 1947, District of Nebraska, against the Lincoln
Hatchery, a corporation, Lincoln, Nebr.
ALLEGED SHIPMENT : On or about November 5, 1945, and March 15, 1946, from
the State of Nebraska into the States of Iowa and Kansas.
PRODUCT : Analyses disclosed that the Lewis Spray for Poultry consisted chiefly
of water and small amounts of formaldehyde, phenol, and glycerin; that the
Lewis Worm Killer consisted of a brown powder containing a large amount
of plant material and small amounts of nicotine and phenothiazine; and that
the Lewis Muroil consisted chiefly of water and hydrochloric acid and a small
amount of cod liver oil.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
labels of the articles were false and misleading. These statements represented
and suggested that the articles would be efficacious for the following, pur-
poses, whereas they would not be efficacious for such purposes:
That the Lewis Spray for Poultry would be efficacious in the cure, mitiga-
tion, and treatment of respiratory diseases of poultry, the symptoms of which
are gasping for breath and difficulty in breathing; that the Lewis Worm Killer
would be effective in killing all species of worms infesting poultry; and that
the Lewis Muroil would be efficacious in the cure, mitigation, treatment, and
prevention in poultry of coccidiosis, listlessness, lack of appetite, and bowel
trouble.
DISPOSITION : June 28, 1948. A plea of nolo contendere having been entered,
the court imposed a fine of $75 and costs.