2766. Adulteration  and misbranding of Avi-Green  Drinking Water Tablets.
U. S. v. 138 Bottles   *    *    *.   (F. D. C. No. 27025.   Sample No. 1432-K.)
LIBEL FILED :    April 25, 1949, Western District of North Carolina.
ALLEGED SHIPMENT : On or about April 10 and May 12, 1948, by the Anchor
Serum Co., from South St. Joseph, Mo.
PRODUCT : 138 25-tablet bottles of Avi-Green Drinking Water Tablets at Char-
lotte, N. C.
LABEL, IN PABT: "Avi-Green Drinking Water Tablets (Poultry Usage Only)
Each tablet contains: 3-Nitro-4-hydroxyphenylarsonic acid, 1.40 grs.; Ammo-
nium Sulfocarbolate, 13.80 grs.; Sodium Sulfocarbolate, 13.80 grs., combined
with Benzal Green in an inert and entirely soluble base. Manufactured by
Pharmaceutical Division Anchor Serum Company South Saint Joseph,
Missouri."
NATTTKE OF CHARGE: Adulteration, Section 501 (a) (4), the article contained
a coal-tar color other than one from a batch that had been certified in accord-
ance with the regulations.
Misbranding, Section 502 (a), certain statements on the label of the article
were false and misleading in that they represented and implied that the article
was manufactured by the Anchor Serum Co. of South Saint Joseph, Mo., and
that it was effective for disinfection of poultry drinking water and for the
control of intestinal infections and intestinal parasites of poultry, whereas it
was manufactured for the Anchor Serum Company by another firm and would
not be effective for controlling infections and parasites generally of the intes-
tines of poultry; Section 502 (b) (1), the label of the article failed to reveal
the connection which the Anchor Serum Company had with the article; and,
Section 502 (e) (2), the article was fabricated from two or more ingredients
and its label failed to bear the common or usual name of the active ingredients
since the ingredients of the article were declared in a manner which implied
that three were active, whereas only one ingredient was active for the purposes
recommended. Further misbranding, Section 502 (f) (2), the labeling of the
article failed to bear such adequate warnings against unsafe dosage and
methods and duration of administration in such manner and form as are
necessary for the protection of users since the article contained organic arsenic
and its label failed to warn against use in the drinking water of ducks, geese,
and other waterfowl; and its label failed also to warn against use during the
five days preceding slaughter for human consumption. Further misbranding,
Section 502 (j), the article was dangerous to the health of poultry when used
in the dosage and with the duration prescribed, recommended, and suggested
in its labeling, since it contained organic arsenic.
Section 505 (a), the article was a new drug within the meaning of the law,
and an application filed pursuant to the law was not effective with respect to
such drug.
DISPOSITION: May 3, 1949. The Anchor Serum Co. having consented to the
entry of a decree, judgment of condemnation was entered and the product was
ordered destroyed.