19039. Misbranding of Crisp's Tungr-Tone and Black Tongue remedy. 
V. S. v. 10/12 Dozen Packages of Crisp's Tnngr-Tone, et al. 
Default   decrees   of   condemnation,   forfeiture,   and   destruction.
(F. & D. Nos. 26948, 26949.    I. S. Nos. 36903, 36904.    S. No. 5156.)
Examination of drug products, known as Crisp's Tung-Tone and Crisp's 
Black Tongue remedy, from the shipments herein described having shown 
that the packages and accompanying circulars bore statements representing 
that the articles possessed curative and therapeutic properties which they 
did not possess, the Secretary of Agriculture reported the matter to the United 
States attorney for the Eastern District of Texas.
On September 10, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid libels praying seizure 
and condemnation of 10/12 dozen packages of Crisp's Tung-Tone and 1 10/12 
dozen packages of Crisp's Black Tongue remedy, remaining in the original 
unbroken packages at Beaumont, Tex., alleging that the articles had been 
shipped by the S. A. Crisp Canine Co., from Blacksburg, S. C, on or about 
July 18, 1931, and had been transported from the State of South Carolina into 
the State of Texas, and charging misbranding in violation of the food and 
drugs act as amended.
Analyses of samples of the articles by this department showed that Crisp's 
Tung-Tone consisted of capsules, each containing calomel (5.5 grains) and 
sodium bicarbonate (5.7 grains) ; and that Crisp's Black Tongue remedy 
consisted of a liquid composed essentially of magnesium hydroxide, calcium 
carbonate, charcoal, and water, and capsules containing calomel, sodium bi- 
carbonate, and charcoal.
It was alleged in the libels that the articles were misbranded in that the 
following statements appearing on the packages and in the accompanying 
circulars, regarding the curative or therapeutic effects of the said articles, 
were false and fraudulent, since they contained no ingredients or combina- 
tions of ingredients capable of producing the effects claimed: (Tung-Tone, 
package) "Tung-Tone Black-Tongue Preventative * * * Protect the life 
of your dog by using Crisp's Remedies * * * If Your Dog Develops Black 
Tongue While Giving This Treatment according to Directions * * *;" 
(Tung-Tone, circular) "Tung-Tone (Black Tongue Preventative) * * * 
Symptoms of Black Tongue (Sore Mouth) * * * Direction for Treatment 
with Crisp's Tung-Tone, the Black Tongue Preventive. * * * The mem- 
bers of the S. A. Crisp Canine Company have been experimenting for the 
past several years in an effort to locate a cure and preventive for Black 
Tongue among canines. We now have perfected our preventive and offer it 
to the public. This preventive is absolutely recommended to protect your 
dog from disease. This remedy has been under test for the past eight years 
and there has not been a single case to develop among the dogs wherein the 
test was being made, although the dogs were exposed, fed and watered with 
dogs that were in last stages of the disease. You should not be without this 
preventive. It is an insurance against the disease. A $1.00 box of these 
capsules will keep your dog insured for one year; whereas, without them, 
you may lose a $75.00 dog;" (Black Tongue remedy, package) "Crisp's (B. 
T.) * * * Black Tongue Remedy * * * Black Tongue Being a Deadly 
Disease, We Wish to Emphasize The Fact That Treatment Should Begin With
First Symptoms of the Disease for Best Results. If This Is Done and 
Instructions Are Carried Out In Regards to Feeding and Watering As Per 
Circular Enclosed You Will Be Rewarded With Pleasing Results;" (Black 
Tongue remedy, circular) "We realize that you have had a fear of Black 
Tongue and we are also aware of the fact that many treatments are recom- 
mended of which no member of this company has used successfully, but 
we have experienced and found that Crisp's B. T. Proved to effect a cure 
in 97 per cent of cases. We realize that it is a problem to convince the 
dog owner that Crisp's B. T. will cure his dog of black tongue, due to the 
fact that so many treatments have been recommended and failed, but let 
us persuade you that Crisp's B. T. will cure. We say again if you will keep 
this treatment on your shelf and be ready to check the rapid advance of this 
deadly disease you may never have another fear or dread of losing that 
$75 or $100 dog with black tongue. * * * Black-Tongue (Sore Mouth) 
Remedy * * * Symptoms of Black-Tongue (Sore Mouth) * * * We 
absolutely recommend Crisp's B. T. to cure Black Tongue, but we ask that you 
do your part, that is, give the treatment before the dog has begun to die. 
Black Tongue is a deadly disease * * * The advance of this disease is 
swift and rapid and usually has its deadly effect on the fifth or sixth day 
unless it has been checked * * * Directions For Treating With Crisp's 
B. T.   The Black-Tongue (Sore Mouth) Remedy."
On October 30, 1931, 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.
AETHUE M. HYDE, Secretary of Agriculture.