17833. Misbranding of Q,. W. condition powder.    U. S. v. 44 Cans of Q? W.
Condition Powder. Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No. 25292.    I. S. No. 4796.    S. No. 3552.)
Examination of samples of a drug product, known as Q. W. condition powder, 
laving 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 Eastern District of New York the herein-de- 
scribed interstate shipment of a Quantity of the product located at Brooklyn, 
N. Y.
On November 3, 1930, the United States attorney filed in the United States 
District Court a libel praying seizure and condemnation of 44 cans of Q. W. 
condition powder, remaining in the original unbroken packages at Brooklyn, 
N. Y., alleging that the article had been shipped by the Q. W. Laboratories, 
from Bound Brook, N. J., on or about October 6, 1930, and had been transported 
from the State of New Jersey into the State of New York, and charging mis- 
branding in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that the article 
consisted essentially of sulphur and charcoal.
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements appearing on the can label, regarding the curative or thera- 
peutic effects of the said article, were false and fraudulent, since it contained no 
ingredient or combination of ingredients capable of producing the effects 
claimed: " Condition Powder for use as an aid in putting and keeping Dogs, 
Cats, Poultry, Etc. in good Physical Condition * * * For Use as Aa Aid 
in: Purifying blood and stomach; correcting indigestion; * * * Treating 
eczema and other skin diseases due to impure blood or bad digestion; All around 
conditioning dogs off feed or dopey; Giving new vim, pep, and energy; Stimu- 
lating and aiding digestion; Assisting puppy growth; Treatment of distemper: 
Preventing worms, Good for man or beast. * * * A teaspoonful a day for 
a few days will help to Put the dog into condition. A teaspoonful twice a week 
will help to permanently Keep the dog in condition. Very valuable to use with 
Q-W Worm Mixture to help rid badly infested dogs of worms and with Q-W 
Dog Soap to help treat Mange and Eczema."
On December 4, 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.
ABTHTJB, M. HYDE, Secretary of Agriculture.