2543. Misbranding of Dr. Schultz Vltallc Egg-Maker, Dr. Hisom Colic Medicine,
Dr. Hisom's German Fistula Remedy, Vena-Cide Powder, and Dr. Schnltz's
Chicle Tablets. U. S. v. Picard Pharmacy, Inc. (Venus Wholesale Co., Dr.
' Hisom Laboratories, and The Chlorine Chemical Co.), and Lawrence J.
Dond and Ralph R. Reemts. Pleas of nolo contendere. Fine of $75 and
costs against defendants jointly. (F. D. C. No. 23263. Sample Nos. 20637-H,
68541-H to 68543-H, incl., 68545-H.)
-INFORMATION FILED: January 30, 1948, District of Nebraska, against Picard
Pharmacy, Inc., trading under the names of the Venus Wholesale Co., Dr.
Hisom Laboratories, and The Chlorine Chemical Co., at Geneva, Nebr., and
against Lawrence J. Doud, president of the corporation, and Ralph R. Reemts,
secretary.
ALLEGED SHIPMENT : On or about February 21, March 12 and 29, and April 7,
1947, from the State of Nebraska into the State of Kansas.
PRODUCT : Analysis disclosed that the Dr. Schultz Vitalic Egg-Maker consisted
essentially of mineral salts containing 23.23 percent of calcium, 3.40 percent
of phosphorus, 2.99 percent of iron, 9.81 percent of sodium chloride, a man-
ganese compound, charcoal, and plant material including nux vomica and
quassia; that the Dr. Hisom Colic Medicine consisted of an alcoholic solution
containing plant extractives, with aconite indicated; that the Dr. Hisom's
German Fistula Remedy consisted of a solution containing approximately 0.8
gm. arsenic trioxide per 100 cc.; that the Vena-Cide Powder consisted of a weak
calcium hypochlorite; and that the Dr. Schultz's Chick Tablets consisted chiefly
of zinc sulphocarbolate, copper sulfate, boric acid, and dextrose.
LABEL, IN PART: (Bag) "Dr. Schultz Vitalic Egg-Maker & General Conditioner
* * * Dr. Schultz-Veterinary Laboratories Geneva, Nebr." or (tag) "Dr.
Schultz Vitalic Egg-Maker * * * Sole Midwest Distributors Venus Whole-
sale Co. Geneva, Nebr."; (carton) "Dr. Hisom Colic Medicine * * *
Venus Wholesale Co."; (bottle) "Dr. Hisom's German Fistula Remedy * * *
Dr. Hisom Laboratories"; (can) "Vena-Cide Powder' * * * The Chlorine
Chemical Co."; and (can) "Dr. Schultz's Chick Tablets * * * Manufac-
tured for The Venus Wholesale Co."
NATURE OF CHARGE : Dr. Schultz Vitalic Egg-Maker. Misbranding, Section 502
(a), certain statements on the label of the article, and in a circular entitled
"Dr. Schultz' Vitalic Egg-Maker" which was enclosed with the article, were
false and misleading since the article would not fulfill the promises of benefit
suggested and implied. The statements represented and suggested that the
article was necessary for the production of eggs; that it was a medicated tonic
and conditioner for poultry; that it would keep poultry in a thriving, healthy
condition, and would build blood and bone; that it would be effective in
producing diuresis and laxation; that it would stimulate the appetite and
improve the general tone and condition of poultry; that it would be effective
in checking worms and parasites in the intestinal tract of poultry and would
prevent losses in poultry; that it would promote quick gains and rapid growth
and would be effective in eliminating toxic poisons from clogged systems.
Dr. Hisom Colio Medicine. Misbranding, Section 502 (a), certain statements
on the label of the article were false and misleading. The statements repre-
sented that the article would be efficacious in the cure, mitigation, and treat-
ment of colic, flatulence, and bloat in horses and cattle, whereas it would not
be efficacious for such purposes. Further misbranding, Section 502 (b) (2),
the containers of the article bore no label containing a statement of the
quantity of the contents; and, Section 502 (e) (2), the article was not desig-
nated solely by a name recognized in an official compendium and was fabricated
from two or more ingredients, and its containers bore no label containing a
statement of the quantity, kind, and proportion of alcohol present in the
article.
Dr.Hisom's German Fistula Remedy. Misbranding, Section 502 (a), certain
statements on the label of the article which represented and suggested that the
article would be efficacious in the cure, mitigation, and treatment of fistulas,
were false and misleading since the article would not be efficacious for such
purposes; Section 502 (b) (2), the container bore no label containing a state-
ment of the quantity of the contents; and, Section 502 (e) (2), the article
was not designated solely by a name recognized in an official compendium and
was fabricated from two or more ingredients, and its label failed to bear
the name and the quantity and proportion of arsenic present in the article.
Vena-Cide Powder. Misbranding, Section 502 (a), certain statements on
the label of the article which represented and suggested that the article would
be efficacious in the cure, mitigation, treatment, and prevention of white
diarrhea, cholera, and other contagious diseases of chickens, were false and
misleading since the article would not be efficacious for such purposes; and,
Section 502 (b) (2), the container of the article bore no label containing a
statement of the quantity of the contents.
Dr. Schultz's Chick Tablets. Misbranding, Section 502 (a), certain state-
ments on the label of the article, and in a circular entitled "1947 Price List"
which was shipped prior to the shipment of the article, were false and mis-
leading since the article would not be effective for the purposes, and would
not fulfill the promises of benefit, suggested and implied. The statements
represented and suggested that the article when used as directed would be
capable of producing an astringent effect upon the intestinal tissue of poultry;
that it would be efficacious in the cure, mitigation, and treatment of coccidiosis,
fowl typhoid, fowl cholera, and white diarrhea in poultry; that it would be
efficacious in the cure, mitigation, and treatment of blackhead in poultry;
that it was an intestinal antiseptic; that it would relieve inflammation and
would soothe the intestinal tissue; that it would disinfect drinking water;
that it would help chicks through critical stages; and that when used in
small doses, it would be effective to prevent diseases in poultry, and when used
in large doses, it would be effective to cure diseases in poultry.
The information alleged also that the Dr. Schultz Vitalic Egg-Maker was
misbranded under the provisions of the law applicable to foods, as reported
in notices of judgment on foods.
DISPOSITION :   March 10, 1948.   Pleas of nolo contendere having been entered,
the court imposed a fine of $75 and costs against the defendants jointly.