17762. Misbranding of   Newton's   heave,   cough,   distemper,   and   Indiges 
tion compound. TJ. S. v. 2 Dozen Large and 2% Dozen Small Cans 
of Newton's Heave, Cough, Distemper, and Indigestion Com- 
pound. Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. No. 24873.    I. S. Nos. 028573, 028574.    S. No. 3208.)
An examination of samples of the herein-described drug product having 
shown that the labels bore claims of curative and therapeutic properties that 
the article did not possess, the Secretary of Agriculture reported to the 
United States attorney for the Southern District of New York the following 
interstate shipment of a quantity of the product.
On July 1, 1930, the said United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 2 dozen large and 2% dozen small cans of Newton's heave, cough, 
distemper, and indigestion compound, remaining in the original unbroken pack- 
ages at New York, N. Y., alleging that the article had been shipped by the 
Newton (Horse) Remedy Co.t from Toledo, Ohio, on or about May 7, 1930, and 
had been transported from Ohio 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 this department showed that it con- 
sisted essentially of calcium hydroxide, iron oxide, magnesium carbonate, 
antimony and potassium tartrate, arsenic trioxide, and capsicum.
It was alleged in the libel that the article was misbranded in that the 
following statements regarding the curative and therapeutic effects of the 
said article, borne on the tin container and in the accompanying circular, were 
false and fraudulent, since the said article contained no ingredient or combi- 
nation of ingredients capable of producing the effects claimed: (Tin container) 
" Heave. Cough, Distemper and Indigestion Compound. A veterinary Medi- 
cine for  Wind, Throat, and Stomach Troubles.    *    *    *    Horse Remedy Co.
* * * it maintains its efficiency for Heaves, Coughs, Colds, Distemper, 
Indigestion, Worms and Skin eruptions or animals out of condition. * * * 
For Heaves and Chronic Cough. * * * until relieved * * * In aggra- 
vated  cases   *   *   *   For  Colds,   Acute  Coughs,  Distemper  and  Influenza
* * * For Skin Eruptions, Worms, Indigestion and Conditioner. * * * 
For keeping in condition horses * * * In the treatment of heaves it relieves 
the trouble by correcting the cause which is chronic indigestion, indigestion also 
causes colic, scouring, staggers, etc. It is effective in coughs, colds, distemper, 
influenza, indigestion, skin eruptions (or blood purifier), and valuable for ex- 
pelling worms, and a grand conditioner. As our testimonials show, many horses 
that were useless to their owners have been fully restored. We recommend 
this very strongly for horses used for hard and fast work, as it acts directly 
upon the digestive and respirative organs, and tends to keep them in good 
condition. * * * Equally effective for cattle and hogs;" (yellow circular) 
" * * * as their ailments are similar. An occasional dose given the 
animals will tend to keep them in good condition. Newton's Heave, Cough, 
Distemper and Indigestion Compound * * * has proven in its 45 years' 
sale through dealers and use in Veterinary practice that it is' effective for 
Indigestion, Heaves, Stomach and Intestinal Worms, Coughs, Colds, Scouring 
and General Conditioning in which Cattle,  Hogs and Horses are afflicted.
* * * Remedy;" (pink circular) "Newton's Heave, Cough, Distemper and 
Indigestion Compound * * * For Wind, Throat and Stomach Trouble. 
This Preparation Corrects the Cause of Heaves, Which Is Indigestion. (Indi- 
gestion is also largely the cause of Chronic Cough, the ill effect of Distemper is 
another cause of Chronic Cough.) For Colds, Acute or Chronic Cough, 
Catarrhal Fever or troubles arising from exposure. Distemper and Influenza 
are relieved by expelling the poison from the Blood and System. Applying to 
stomach troubles makes it a thorough Conditioner and effective for Skin 
Eruptions and a Blood Purifler. A valuable Worm Expeller. * * * For 
Treatment of Heaves * * * This aids greatly in the use of the compound, 
especially in bad cases. * * * Usually from one to three cans will do 
the work, but in some aggravated cases, or cases of long standing, from three 
to  six  cans  may  be  required.    *    *    *    wita  no  let  up  during  treatment
* * * In bad cases * * * The compound will correct Heaves, * * * 
It is effective for wind troubles, except roaring or whistling, which shows only 
when the horse is exerted and is caused usually from the ill effect of Distemper. 
Heaves is not a Lung Trouble. Indigestion causes it. It affects the lungs 
only indirectly, an enlarged stomach and diaphragm retards the circulation 
and nerve force of the lungs. Heaves show at all times by the peculiar move- 
ment of the flank and abdomen, standing as well as exerted, only it will vary,
showing more at times than others. For Treatment of Chronic Cough. If 
no apparent throat trouble, use same as for heaves. If the trouble is in 
the throat, a rattling sound or gland thickened,  etc., use as per directions
* * * In extreme cases use pine tar as mentioned for heaves. For Treat- 
ment of Distemper * * * Where the patient refuses to eat * * * In 
cases where the glands are swollen and abcesses forming, * * * When 
the abscesses point,    *    *    *    In cases where the breathing becomes labored
* * * In aggravated cases, * * * Newton's Heave, Cough, Distemper 
and Indigestion Compound is an excellent preparation for Cattle. * * * 
Horse Remedy Co."
On October 10, 1930, 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.
AETHUB M. HYDE, Secretary of Agriculture.