10150.?Misbranding   of   Capitol   hog   remedy.     U.   S.     *     *     *     v.   11   Pack?
ages of * * * Capitol Hog Remedy. Default decree declar??
ing  product   misbranded   and   ordering   its   destruction.     (F.   &   D.
No.  12405.    I.  S. No.  16716-r.     S. No. E-2100.)
On May 10, 1920, the United States attorney for the Northern District of?
West Virginia, acting upon a report by the Secretary of Agriculture, filed iu?
the District Court of the United States for said district a libel for the seizure?
and condemnation of 11 packages of Capitol hog remedy, remaining unsold in?
the original unbroken packages at Harpers Ferry, W. Va., alleging that the?
article had been shipped by the Capitol Food Co., Tiffin, Ohio, on or about?
November 21, 1919, and transported from the State of Ohio into the State of?
West Virginia, and charging misbranding in violation of the Food and Drugs?
Act, as amended.
Analysis of a sample of the article by the Bureau of Chemistry of this?
department showed that it consisted of charcoal, powdered vegetable material,?
including nux vomica and wormseed, iron sulphate, magnesium sulphate, sodium?
carbonate, and sodium chlorid.
It was alleged in substance in the libel that the article was misbranded for?
the reason that it was labeled as follows, (carton) " * ' * * Capitol Hog?
Remedy * * * A Superior * * * Remedy For Swine. Recommended?
for Hog Cholera, Scrofula, Inflammatory and all contagious Diseases peculiar to?
swine; purifies the blood; * * * an invaluable remedy for Hog Cholera,?
Scrofula, Inflammatory conditions and all contagious diseases peculiar to Swine.?
* * * Cures Indigestion, * * * keeps the hogs healthy * * * Capi??
tol Hog Remedy insures health * * * A Wonder In The Development Of?
Swine Recommended to cure and prevent diseases, produces an extraordinary?
rapid growth * * * Recommended to cure and prevent Hog Cholera and?
all contagious diseases peculiar to Swine; * * * restores Hogs to a?
good healthy condition. Have [Save] Your Hogs * * * Feed Capitol?
Hog Remedy * * * regularly for three months, thus insuring no loss what??
ever from Cholera or any other disease, * * * This will keep them free?
from disease * * * For Young Pigs * * * will insure a rapid growth?
and prevent all diseases. * * * For Hog Cholera?As soon as you notice?
that Hog Cholera has begun on your herd, * * * Give from two to three?
tablespoonfuls of Capitol Hog Remedy * * *," which statements were false?
and fraudulent in that the said article contained no ingredients or combination?
of ingredients capable of producing the effects claimed.
On October 1, 1920, no claimant having appeared for the property, judgment?
was entered declaring the product to be misbranded, and it was ordered by?
the court that the said product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.