16223. Misbranding of breeding' tonic, cow cleaner, and calf cbolera rem 
edy.    V. S. v. 11 Packages of Breeding Tonic, et al.     Default de- 
crees  of  condemnation, forfeiture, and  destruction.     (F. & D. No.
23326.    I. S. Nos. 01671, 01672, 01673.    S. No. 1394.)
On January 12, 1929, the United States attorney for the Northern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said d-strict libels praying seizure and 
condemnation of 11 packages of breeding tonic, 30 packages of cow cleaner, and 
10 packages of calf cholera remedy, remaining in the original unbroken pack- 
ages at Cleveland, Ohio, alleging that the articles had been shipped from the 
Dr. David Roberts Veterinary Co., Waukesha, Wis., between the dates of 
August 14, 1928, and November 27, 1928, and transported from the State of 
Wisconsin into the State of Ohio, and charging misbranding in violation of 
the food and drugs act as amended.
Analyses of samples of the articles by this department showed that the 
breeding tonic consisted essentially of magnesium sulphate, sodium chloride, 
sulphur, cornstarch, sugar, a small amount of phenol, and crude drugs, includ- 
ing damiana, burdock, cantharides, nux vomica, capsicum, and anise; that the 
calf cholera remedy consisted essentially of bismuth subnitrate, calcium car- 
bonate, iron compounds, salol, starch, and crude drugs, including licorice, anise, 
and ginger; and that the cow cleaner consisted essentially of magnesium sul- 
phate, sodium chloride, borax, a small amount of phenol, starch, and crude 
drugs, including damiana, burdock, locust bean, dandelion, nux vomica, licorice, 
and anise.
The articles were labeled, in part, respectively: (Breeding tonic) "Breeding 
Tonic for Toning the Genital Organs of Livestock * * * When a cow, mare, 
ewe, or sow fails to conceive when bred, it is evident that their genital organs 
are not in a healthy condition, which may result from various causes, one of 
the most common among cows being the removal of the afterbirth by force 
after a former freshening period * * *. From 2 Lbs. to 12 Lbs. of Breeding 
Tonic should be given to each cow or mare. Double the dose for cows carrying 
a mummified calf. No animals should be slaughtered or sold without giving 
them this opportunity of breeding * * *. Give each cow or mare one table- 
spoonful of Breeding Tonic morning and evening in feed until they conceive 
* * *. If they fail to conceive after giving Breeding Tonic as directed and 
breeding them at one, two, or three different heat periods it will be necessary 
to use a Womb Sound and Dilators to open the mouth of the womb. Give each 
ewe or sow one tablespoonful of Breeding Tonic once daily in feed until they 
conceive;" (cow cleaner) " Cow Cleaner For Cows and) Heifers * * * Give 
a cow or heifer one tablespoonful of Cow Cleaner three times daily in feed, 
beginning one week before calving, and continue until she has properly 
cleaned * * * Cow Cleaner * * * Cow ruined as a profit producer. 
While a cow may appear to be little inconvenienced by the retention of the 
afterbirth,, at the same time she is if neglected, being slowly but surely ruined 
as a milker, breeder, or profit producer. When Force is Used Parts Remain 
and Cow Often Fails to Breed. The parts of the afterbirth attached to the 
buttons are retained and undergo putrefaction, and the buttons torn from the 
womb leave raw sores which become infected by the rotting, decomposing, irri- 
tating masses of foreign matter of which a large per cent is absorbed by the 
system;"   (calf  cholera remedy)   "Calf  Cholera    *    *    *   follow with  Calf
Cholera Remedy for the following ailments: Calf Cholera, White Scours, 
Diarrhoea, Bloody Fluxes, Dysentery, Scours, and Indigestion in all live stock 
* * * Calf Cholera Remedy * * * To Prevent and Overcome Scours in 
all Live Stock * * * until Bowels move naturally * * * until the 
bowels move naturally."
It was alleged in the libels that the articles w'ere misbranded in that the 
above-quoted statements regarding the curative and therapeutic effects of the 
said articles were false and fraudulent, since they contained no ingredients or 
combinations of ingredients capable of producing the effects claimed.
On February 11, 1929, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the products be destroyed by the United States marshal.
R. W. DTJNLAP, Acting Secretary of Agriculture.