D792. Misbranding of Dr. Harper's anti-cholera tonic for hogs. U. S. 
* * * v. 36 Bottles, 47 Dozen Bottles, and 48 Bottles * * * 
of Dr. Harper's Anti-Cholera Tonic for Hogs. Default decrees find- 
ing product to be misbranded and ordering its destruction.     (F. &
D. Nos. 11496, 11497, 11678.    I. S. Nos. 8463-r, 8464-r, 8740-r.    S. Nos. C-1562, 
C-1595.)
On October 10 and November 21, 1919, respectively, the United States attor- 
ney for the Western District of Arkansas, acting upon reports by the Secretary 
of Agriculture, filed in the District Court of the United States for said district 
libels for the seizure and condemnation of 36 bottles, 47 dozen bottles, and 48
bottles of Dr. Harper's anti-cholera tonic for hogs, in part at Rogers and in 
part at Mansfield, Ark., alleging that the article had been shipped by the Elite- 
Chemical Co., Watertown, Tenn., April 26, May 23, and August 7, 1919, re- 
spectively, and transported from the State of Tennessee into the State of 
Arkansas, and charging misbranding in violation of the Food and Drugs Act, 
as amended. The article was labeled in part: (Shipping case) "The Dr. Har- 
per's Remedies Guaranteed—Every Drop Dr. Harper's Anti-Cholera For 
Hogs"; (carton) "Dr. Harper's Anti-Cholera Tonic For Hogs Given To Pre- 
vent Diseases Of Swine * * * For Worms * * * 'How To Prevent 
Cholera'"; (folder) "How To Prevent Hog Cholera * * * About every 
other day give to each hog a tablespoonful of Dr. Harper's Anti-Cholera. 
* * * in most cases acts as preventive to disease. * * * Use Anti- 
Cholera and you will have no sick hogs to cure. Your hogs will gain in weight 
and the meat will be free from disease."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it was a mixture consisting essentially of sodium bicar- 
bonate, sodium sulphate, iron oxid, sulphur, and ground plant material, in- 
eluding fragments of seeds and hulls.
Misbranding of the article was alleged in substance in the libels for the 
reason that the above-quoted statements regarding the therapeutic and cura- 
tive effects thereof, appearing upon the labeling of the said article, were false 
and fraudulent in that they were applied so as to represent falsely and 
fraudulently and to create in the minds of purchasers thereof the impres- 
sion and belief that the article was effective! as a treatment for hog cholera, 
when, in truth and in fact, it contained no ingredients or medicinal agents 
effective as a treatment for hog cholera.
On August 11, 1921, no claimant having appeared for the property, judg- 
ments of the court were entered finding the product to be misbranded and 
ordering its destruction by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.