3099. Misbranding of Dr. Jespersen's Fowlton Concentrate, Dr. Jespersen's D. R. D. Concentrate, Dr. Jespersen's Flushem, and Dr. Jespersen's Gets-em Poultry Wormer. U. S. v. Dr. Aage P. Jespersen (Dr. Jesper- sen's Laboratories): Plea of guilty. Fine of $1,000, plus costs. (P. D. C. No. 28137. Sample Nos.64120-K to 64123-K, incl.) INDICTMENT RETURNED : March 29, 1950, Northern District of Iowa, against Dr. Aage P. Jespersen, trading as Dr. Jespersen's Laboratories, Spencer, Iowa. ALLEGED SHIPMENT : Between the approximate dates of May 5 and 31,1949, from the State of Iowa into the State of Minnesota. LABEL, IN PART: "Dr. Jespersen's Fowlton Concentrate Manganese Iron Iodine Supplement for the Drinking Water for All Poultry," "Dr. Jespersen's D. R. D. Concentrate * * * Active Ingredients: Mercuric Chloride (16.4 grs. fl. oz.)," "Dr. Jespersen's Flushem Laxative For Poultry Contains- Active Ingredients; Magnesium Sulphate (Epsom Salts), Sodium Sulphate, Sodium Bicarbonate, 95?. Inert as a laxative-^-Soxiium Thiqsulphate anil Gentian Violet 5?," "Dr. Jespersen's Gets-em Poultry Wormer * * * Con- tents: Arecoline Hydrobromide, Iron Chloride Solution, Solution Nicotine Sulphate, Copper Sulphate (22.5 grains per'oz.) and Manganese Sulphate." NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements in the- labeling of the articles, including the accompanying labeling consisting of ah invoice headed "Dr. Jespersen's Laboratories Poultry Health Aids" and booklets entitled "Dr. Jespersen's Poultry Guide," were false and misleading; since the articles would not be effective for the purposes, and would not fulfill the promises of benefit, stated and implied. The labeling of the articles repre- sented and suggested that the articles would be effective to prevent losses of" poultry, to insure better health of poultry, and to increase profits from poultry raising; that Dr. Jespersen's Fowlton Concentrate would be efficacious as a. tonic and would be effective in the prevention and treatment of fowl cholera, fowl typhoid, blackhead of turkeys and chickens, and mycosis (mold poison- ing) ; that Br. Jespersen's D. R. D. Concentrate would be efficacious in the pre- vention and treatment of coccidiosis of chicks, white diarrhea, colds, and diph- theritic roup (pox) ; that Dr. Jespersen's Flushem would be efficacious for flush- ing poultry and in the prevention and treatment of mycosis; and that Dr. Jes- persen's Gets-em Poultry Wormer would be effective to insure the growth and vitality of poultry, to increase egg production, to conserve feed, to promote resistance of birds to disease, and to act as a deterrent to the spread of disease in a flock; and that it would be efficacious in the prevention and treatment of worm infestation and paralysis. DISPOSITION : April 12, 1950. A plea of guilty having been entered, the court imposed a fine of $1,000, plus costs.