13728. Misbranding  of Avalon  distemper and  cold  compound.     U.  S.  v.  4
Bottles   of  Avalon   Distemper   and   Cold   Compound.    Default   de- 
cree   of  condemnation,   forfeiture,   and   destruction.     (F.  &  D.   No.
15555.    S. No. E-3642.)
On November 10, 1921, the United States attorney for the Western 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 praying the seizure 
and condemnation of 4 bottles of Avalon distemper and cold compound, remain- 
ing in the original unbroken packages at Addison, N. Y., consigned by the Ava- 
lon Farms Co., alleging that the article had been shipped from Chicago, I1L, 
on or about August 4, 1921, and transported from the State of Illinois into the 
State of New York, 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 chloride, iron 
chloride, glycerin* mydriatic alkaloid, alcohol, and water.
Misbranding of the article was alleged in the libel for the reason that the 
following statements, borne on the labels of the bottles containing the said 
article, and in the accompanying circular: (Bottle label) "Distemper * * * 
Compound * * * Recommended for * * * strangles distemper or ship- 
ping fever" (circular) " Distemper * * * Compound * * * Distemper 
* * * shipping fever and colt-ill * * * Strangles * * * give Avalon 
Farms Distemper And Cold Compound * * * until the aggravating symp- 
toms subside, after which a dose three times a day is sufficient until recovery 
is complete" were false, misleading, and fraudulent, in that the said article 
contained no ingredient or combination of ingredients capable of producing 
the curative and therapeutic effects claimed on the said bottle labels and 
circulars.
On May 29, 1923, 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.
R. W. DUJSXAP, Acting Secretary of Agriculture.