3340. Action to enjoin and restrain the interstate shipment of Eureka Poultry Mixture. U. S. v. Edwin C. Singers (Eureka Poultry Food Mfg. Co.). Consent decree granting injunction. (Inj. No. 231.) COMPLAINT FILED: November 15, 1950, Eastern District of Illinois, against Edwin C. Singers, trading as the Eureka Poultry Food Mfg. Co., East St. Louis, I1L NATURE OF CHARGE : The defendant had been and was at the time of filing the complaint, introducing and delivering for introduction into interstate com- merce, at East St. Louis, 111., consignments of a drug which was labeled, in part, "Eureka Poultry Mixture Eureka Poultry Mixture is a compound com- posed of Red Iron Oxide and Hydrated Lime. Not less than 74? Calcium, not less than 10? Iron Oxide, not less than .5? Phosphorus." The complaint alleged that the article was adulterated and misbranded in the following respects: Adulteration, Section 501 (c), the strength of the article differed from that which it was represented to possess since it contained less than 74? of cal- cium, less than 10? of iron oxide, and less than .5? of phosphorus. Misbranding, Section 502 (a), certain statements in accompanying leaflets entitled "Don't Depend on Luck" were false and misleading since the article was not effective in the prevention and treatment of the diseases and conditions stated and implied, and was not capable of fulfilling the promise of benefit and producing the results claimed. The statements represented and suggested that the article would help save little chicks and protect little chicks from gapes and worms; that it would be an effective medicine in the treatment of cholera and roup of hens; that it was a remedy and medicine for chickens; that it was effective in the prevention and treatment of white diarrhea of chicks; that it would help hens lay more eggs in winter; and that it would protect fowls from disease and keep them free from lice and mites. The complaint alleged further that unless restrained, the defendant would continue to introduce and deliver for introduction into interstate commerce the adulterated and misbranded article. DISPOSITION : On December 18,1950, a temporary injunction was entered against the defendant; and on January 9,1951, the defendant having consented to the entry of a decree, the court issued an order perpetually enjoining the defendant from introducing or delivering for introduction into interstate commerce a drug for use in the treatment of poultry and other animals which was adul- terated and misbranded within the meaning of the law. INDEX TO NOTICES OF JUDGMENT D. D. N. J. NOS. 3321 TO 3340 PRODUCTS N. J. No. Adhesive bandages 3331 Amphetamine sulfate tablets? 3328 Bandages, adhesive 3331 Benzedrine Sulfate tablets? 3322 Chase Formula- 3337 Devices?3321, 3332,3333,3338, 3339 Dexedrine Sulfate tablets- 3322-3324 Diethylstilbestrol tablets?3325,3326 Eureka Poultry Mixture 13340 Guardian Se-Bex tablets? 3334 Gyro-Lator reducing devices? 3338 Hay fever, remedy for?,- 3334 Hollywood Vita-Rol devices? 3339 Iron tonic, Lee's 3336 Lee's iron tonic 3336 Massager, P. M 3321 Methyltestosterone tablets? 3326 Osmotic Baths, Vit-Ba-Tox? 3329 N. J. No. P. M. Massager 3321 Pentobarbital sodium capsules__ 3327 Phenobarbital tablets?3323,3328 Prophylactics* 3332 Quik-Bandsi 3331 Reducing devices, Gyro-Lator? 3338 Se-Bex tablets, Guardian? 3334 Seconal Sodium capsules? 3324 Special C. T. tablets __ 3330 Sulfathiazole tablets 3326,3327 Sulfonamides Triplex tablets? 3325 Thermometers, clinical 3333 Thyroid tablets 3326 Tuinal capsules 3325 Veterinary preparation 13340 Vitamin preparations?3334,3335 Vita-Rol devices, Hollywood? 3339 Vit-Ra-Tox Osmotic Baths? 3329 SHIPPERS, MANUFACTURERS, AND DISTRD3UTORS N. J. No. Blue, Clay: Dexedrine Sulfate tablets and phenobarbital tablets? 3323 Booth, J. C.: Dexedrine Sulfate tablets and Benzedrine Sulfate tablets- 3322 N. J. No. Booth Prescription Pharmacy. See Booth, J. O. Chase Laboratory: Chase Formula 3337 Coil, H. R.: P. M. Massager 3321 (3340) Permanent injunction issued.