9035. Misbranding of Avicol.   TJ. S.   *   *   *   v. 60 Packages and 15 Packages of Avicol.   De¬
fault decrees of condemnation, forfeiture, and destruction.   (F. & P. Nos. 12276, 12277. 
I. S. Nos. 7351-r, 7352-r.   S. Nos. C-1706, C-1805.)
On March 6, 1920, the United States attorney for the Middle District of Tennessee,, 
acting upon a report by the Secretary of Agriculture, filed in the District Court of the 
United States for said district libels for the seizure and condemnation of 60 packages 
and 15 packages of Avicol, remaining in the original unbroken packages at Nashville, 
Tenn., alleging that the 60 packages had been shipped on or about September 17, 
1919, by the E. P. Delivery Co., invoiced by Burrell-Dugger Co., Indianapolis, 
Ind., and that the 15 packages had been shipped by said Burrell-Dugger Co. on or 
about October 15, 1919, and transported from the State of Indiana into the State of 
Tennessee, and charging misbranding: in violation of the Food and Drugs Act, as 
amended. The article was labeled in part: (Carton) "For the Cure & Prevention 
of all Infectious Diseases of Chickens, Pigeons & Turkeys White Diarrhoea, Cholera, 
Roup, Colds', Canker, Limberneck, Going Light, Black-Head, Etc. For the Cure of 
White Diarrhoea, Cholera, Limberneck, Colds, Canker and Going-Light, use 1 tablet 
in each pint of fresh drinking water every day. For the cure of Roup and Black- 
head, use 2 tablets in each pint of fresh drinking water every day. For Prevention 
of all diseases of poultry * .* * use 1 tablet in each pint of fresh drinking water 
every other day;" (circular) "* * * the most ideal formula for the cure and 
prevention of all infectious diseases of chickens, pigeons and turkeys. It is scien- 
tifically compounded to make poultry healthy and keep them healthy * * * 
Avicol for the Cure of White Diarrhoea *¦ * * Avicol for the Cure of Roup, 
Cholera, Colds, Etc.    *   *  •*   Blackhead in Turkeys   *   *   *   a powerful bowel
regulator, internal antiseptic * * * cure White Diarrhoea. * * * When I 
received the Avicol I was losing 10 and 15 chicks per day with white diarrhoea. I 
haven't lost a one since.    *   *   *   Avicol is a wonderful remedy for chicken cholera.
Analysis of a sample of the article by the Bureau of Chemistry of this department 
showed that it consisted of tablets containing, essentially, potassium bichromate, 
casein, sugar, starch, and talc.
It was alleged in substance in the libels that the article was misbranded for the 
reason that the above-quoted statements, regarding the curative and therapeutic 
effects of said article, were false and fraudulent in that the article contained no ingre- 
dient or combination of ingredients capable of producing the effects claimed for it.
On October 22, 1920, no claimant having appeared for the property, judgments of 
condemnation and forfeiture were entered, and it was ordered by the court that the 
product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.