/ 3218. Misbranding of Denhalant, Arsiden, Dencolten, and Rex wheat germ oil- U. S. v. 60 Bottles, etc. (F. D. C. No. 25355. Sample Nos. 25505-K to 25508-K, incl., 25510-K, 25511-K.) LIBEL FILED : August 25,1948, District of South Dakota. ALLEGED SHIPMENT : Between the approximate dates of June 21,1947, and March 26,1948, Vet Products, Inc., shipped a number of bottles of Denhalant, Arsidenr and Dencolten from Kansas City, Mo. On or about April 7 and September 16, 1947, and March 9, 1948, the Denver Serum Co. shipped a number of bottles of Denhalant and a number of booklets entitled "Denver Serum Co. Veterinary Supplies" from Denver, Colo. On or about January 25 and April 1, 1948, the VioBin Corp. shipped a number of bottles of Rex wheat germ oil from Monti- cello, 111. PRODUCT : 176 1-pint bottles and 162 ?-pint bottles of Denhalant, 41 1-pound cans of Arsiden, 52 1-gallon bottles and 241 1-pint bottles of Dencolten, 35 1-pint bottles, 13 1-quart bottles, and 10 1-gallon cans of Rex wheat germ oil, and 112 booklets, at Mitchell, S. Dak. Analyses showed that the Denhalant consisted essentially of approximately 70 percent of mineral oil and approximately 30 percent of a mixture of a turpen- tine oil, phenol (carbolic acid), guaiacol and/or creosote, and a minute pro- portion of iodine; that the Arsiden consisted chiefly of willow bark and 3 per- cent arsenic trioxide, with small proportions of potassium iodide, linseed meal, iron oxide, and sulfur; and that the Dencolten consisted of guaiacol, oil of eucalyptus, and creosote, in a mineral oil base. No analysis was made of the Rex wheat germ oil, and it was assumed that the product was as represented. NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the labels of the bottles and cans containing the products and statements appear- \ ing in the catalog shipped by the Denver Serum Co., and accompanying the \ articles, represented and suggested: \ That the Denhalant would be effective in loosening mucous in the nose and \ throat of poultry when floated on the drinking water, and in treating colds \ and roup in poultry; That the Arsiden would he effective as a treatment for poll evil, fistulous withers, and other chronic infections of horses and cattle, and as a tissue building tonic; That the Dencolten was an effective aid in the treatment of simple colds, flu, bronchitis, and other diseases of the air passages of animals and poultry; That the Rex wheat germ oil was effective as an aid in the prevention and treatment of sterility and breeding difficulties, in preventing abortion, and in increasing resistance to disease. The above statements in the labeling of the articles were false and mislead- ing since the articles would not be effective for the purposes represented and suggested. DISPOSITION : February 1, 1949. The Denver Serum Co. having appeared as claimant for the products, Denhalant, Arsiden, and Dencolten, and the book- lets entitled "Denver Serum Co. Veterinary Supplies," judgment of condemna- tion was entered against the claimed drugs, which were ordered released under bond to be brought into compliance with the law, under the supervision of the Food and Drug Administration. None of the booklets had been seized, and action against the booklets subsequently was dismissed. The VioBin Corp. appeared as claimant for the Rex toheat germ oil and filed an answer denying that the booklets shipped by the Denver Serum Co. consti- tuted labeling of the product. However, on January 31,1950, the VioBin Corp. laving entered into a stipulation admitting that the Rex wheat germ oil was misbranded, judgment of condemnation was entered and the court ordered that the product be disposed of by the United States marshal. Accordingly, the product was destroyed.