JU0349. Misbranding1 of Avalon distemper and cold compound. U. S. * * *?
v. 21 Bottles of Avalon Distemper and Cold Compound. Default?
decree of condemnation, forfeiture, and destruction.     (F. & D. No.
15542.    Inv. No.  31519.    S. No. E>-3614.)
On November 10, 1921, the United States attorney for the Eastern District?
of Pennsylvania, 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 21 bottles of Avalon distemper and cold compound, re??
maining in the original unbroken packages at Mt. Joy, Pa., consigned by the?
Avalon Farms Co., Chicago, 111., alleging that the article had been shipped from?
Chicago, 111., on or about January 6, 1920, and transported from the State of?
Illinois into the State of Pennsylvania, 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 de??
partment showed that it was composed essentially of ammonium chlorid, iron?
chlorid, glycerin, mydriatic alkaloid, alcohol, and water.
Misbranding of the article was alleged in substance in the libel for the reason?
that the following statements, designs, and devices appearing in the labeling?
thereof, regarding the curative or therapeutic effects of the said article, to wit,?
(label) " * * * Distemper * * * Compound * * * Recommended for?
* * * strangles, distemper or shipping fever * * *" (circular) " * * *?
Distemper * * * Compound * * * Distemper * * * shipping fever?
and colt-ill * * * strangles * * * give Avalon Farms Distemper and?
Cold Compound * * * until the aggravating symptoms subside, after which?
a dose three times a day is sufficient until recovery is complete * * *," were?
false and fraudulent in that the said article would not produce the curative or?
therapeutic effects which purchasers were led to expect by the said statements,?
designs, and devices, and which were applied thereto with a knowledge of their?
falsity for the purpose of defrauding purchasers thereof.
On February 16, 1922, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product be destroyed by the United States marshal.
C. W. PtrGSLET, Acting Secretary of Agriculture.