2969. Misbranding of Speedway Cough and Distemper Remedy, Speedway
Absorbent Liniment, Speedway Condition Powder, Speedway Hoof Tonic,
and Black Perfection Salve. U. S. v. August W. Frueh (Energy Drug
Co.). Plea of guilty. Fine, $250. (F. D. C. No. 26739. Sample Nos.
30648-E to 30652-K, incl.)
INFORMATION FILED: October i3, 1949, Northern District of Ohio, against
August W. Frueh, trading as the Energy Drug Co., Cleveland, Ohio.
ALLEGED SHIPMENT: From the State of Ohio into the State of California.
Four of the five shipments were made in or about the month of May 1948, and
the fifth shipment was made between the approximate dates of August 31 and
September 18, 1948.
PRODUCT : Analysis disclosed that the Speedway Cough and Distemper Remedy
consisted of a black syrupy liquid with an aromatic odor, and containing am-
monium compounds and a trace of alkaloids, including strychnine; that the
Speedway Absorbent Liniment consisted of a denatured alcohol containing
benzoin and aromatics; that the Speedway Condition Powder consisted of a tan
?See also No. 2965.
powder consisting mainly of iron sulfate, organic matter, fenugreek, a small
amount of santonin, and a trace of alkaloids; that the Speedway Hoof Tonic
consisted of a yellow mineral oil, with an odor resembling that of crude oil; and ,
that the Black Perfection Salve consisted of a black salve, with sulfur, charcoal, \
tannic acid, and a small amount of lead compounds.
NATURE OF CHARGE:    Misbranding, Section 502 (a), certain statements in the
labeling of the articles, which included an accompanying circular entitled
"Speedway Veterinary Remedies," were false and misleading since the articles
would not be efficacious for the purposes represented and suggested.   These
statements represented and suggested:
That the Speed/way Cough and Distemper Remedy when administered to
horses, would be efficacious in the treatment of cough and distemper; that
it would relieve fever and restore normal temperature; that it would be
efficacious in the treatment of shipping fever, colds, lung fever, "episotic ac-
clamtion," common pneumonia, and complicated pneumonia; and that it
would be efficacious as a remedy for kidney troubles, and as a diruetic, sto-
machic, and stimulant;
That the Speedway Absorbent Liniment when administered to horses, ?would
be efficacious for all lameness, bad back, bad legs, bowed tendons, and big
knees; that it would be efficacious for restoring natural respiration between
heats; that it would be efficacious for bad ankles, weak joints, and bad loins;
and that it would be efficacious for strengthening weak muscles and for toning
up muscles;
That the Speedway Condition Powder when administered to horses and colts,
would be efficacious to stimulate the appetite of poor feeders, to increase the
utilization of feed, to restore vital essentials, to tone the circulation, to benefit
the entire nervous system, to increase the flow of gastric juices, and to tone
the entire system; and that it would be efficacious as a tonic, tissue builder,
blood purifier, worm expeller, general body builder, and conditioner;
That the Speedway Hoof Tonic would be efficacious in the treatment of con-
tracted feet, thrush, and bad feet in horses; that it would grow new hoofs on
horses; and that it would be efficacious to put horses' feet in a healthy condi-
tion ;
That the Black Perfection Salve would be efficacious in the treatment of
"hopple chafes," cracked heels, wounds and sores, saddle galls, severe chafing,
and accompanying soreness in horses; and that it would be efficacious for
growing a soft pliable, yet tough, skin on horses.
DISPOSITION : December 2,1949. A plea of guilty having been entered, the court
imposed a fine of $250.