9398. Misbranding of    Pratt's    Conditioner.    U.    S.     *     *     *     v.    23    Bags
* * * - 0f » * * Pratt's Conditioner. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 14844. I. S. No. 
8215-p.     S. No.  E-3344.)
On April 29, 1921, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 23 bags of Pratt's Conditioner, remaining unsold in the origi- 
nal unbroken packages at Kingston, N. Y., alleging that the article had been 
shipped on or about September 29, 1920, by the Pratt Food Co., Philadelphia', 
Pa., and transported from the State of Pennsylvania into the State of New 
York, and charging misbranding in violation of the Food and Drugs Act, as 
amended.    The article   was   labeled   in   part:  (Bag)    " *    *    *    it prevents
* *    *   Epizooty,    *    *    *    Contagious     Diseases,     Restores    the    Wind,
* * * makes Cows give richer milk * * * It positively prevents slink- 
ing of Calves, Coughs, Colds and common ailments. Hog Cholera Pratt's Con- 
ditioner prevents Hog Cholera and cures it if promptly used;" (circular) 
" *    *    *    to insure healthy foal in mares and make stallions' service sure,
* * * to make the bull's service sure * * * For Hog Cholera.—In case 
of hog cholera or any other sickness, increase this dose    *    *    *."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it consisted essentially of ground oats, wheat and weed
seeds, salt, Epsom salt, Glauber's salt, ferrous sulphate, and small amounts of 
ginger, caraway, fenugreek, and nux vomica.
It was alleged in substance in the libel that the article was misbranded for 
the reason that the above-quoted statements appearing on the bags containing 
the article and in the circulars accompanying it, regarding its curative and 
therapeutic effects, were false and fraudulent for the reason that the article 
did not contain any ingredients capable of producing the results claimed for it.
On June 2, 1921, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was 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.