20926. Misbranding of V. S. Stocktone and adulteration and misbranding 
of V. S. Poultrytone. U. S. v. Eleven 6-Pound Packages of V. S. 
Stocktone, et al. Default decrees of condemnation, forfeiture, 
and destruction. (F. & D. nos. 29901, 29962, 29963, 29974, 29975, 30067, 
30378, 30446, 30447. Sample nos. 8065-A, 8066-A, 30164-A, 34876-A, 
34877-A, 34933-A, 34934-A, 38051-A, 38052-A.)
Examination of the stock and poultry remedies involved in these cases dis- 
closed that the articles contained no ingredients or combinations of ingredients 
capable of producing certain curative and therapeutic effects claimed in the 
labeling. It was also claimed in the labeling of the Poultrytone that the 
article contained cod-liver oil and would be of value for egg production, 
whereas it contained no cod-liver oil and was valueless for egg- production.
On March 2, 1933, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 11 packages of V. S. Stocktone at 
Havre de Grace, Md. On March 20, March 21, April 10, May 1, and May 16, 
1933, the United States attorney for the Eastern District of Pennsylvania 
filed libels against 67 packages of V. S. Stocktone and 129 packages of V. S.
Poultrytone, in various lots at Orwigsburg, Boyertown, Avondale, and Media, 
Pa. It was alleged in the libels that the articles had been shipped in interstate 
commerce from Fostoria, Ohio, between December 5, 1932 and December 15, 
1932; that they were misbranded in violation of the Food and Drugs Act 
as amended, and that the Poultrytone was also adulterated in violation of 
said act. It was further alleged in the libels filed against the product at 
Orwigsburg and Boyertown, Pa., that the article had been shipped by C. L. 
Jones, Fostoria, Ohio. The remaining libels did not disclose the names of the 
shippers. The articles were labeled in part: " Stocktone * * * Manufac- 
tured and Guaranteed by the Federal Food Company, New York, N. Y."; 
" Poultrytone   *    *    *   The Federal Food Company, New York, N. Y,"
Analyses of samples of the articles by this Department showed that the V. S. 
Stocktone consisted essentially of calcium carbonate, magnesium sulphate, fer- 
rous sulphate, sulphur, phosphates, and small proportions of nux vomica, 
quassia, fenugreek see/1, and American wormseed; and the V. S. Poultrytone 
consisted essentially of calcium carbonate, magnesium sulphate, sulphur, and 
small proportions of iron oxide, capsicum, and quassia. Cod-liver oil was not 
present.
Adulteration of the Poultrytone was alleged in the libels for the reason that 
the strength and purity of the article fell below the professed standard and 
quality under which it was sold, namely: " Ingredients * * * Cod Liver 
Oil."
Misbranding of the Poultrytone was alleged for the reason that the state- 
ments, " Ingredients * * * Cod Liver Oil. * * * For Production of 
Eggs ", were false and misleading; and for the further reason that the following 
statements regarding the curative and therapeutic effects of the article were 
false and fraudulent: (Carton) "For Sick Fowls:—Separate the sick fowls 
from those not already affected and give one tablespoonful daily for every 10 
fowls."
Misbranding of the Stocktone was alleged for the reason that the following 
statements regarding the curative and therapeutic effects of the article, appear- 
ing in the labeling, were false and fraudulent: (Carton label of all lots but one) 
" V. S. Stocktone is not a cure all. It is a remedy specifically for stomach and 
intestinal worms—the cause of 90% of all the sickness and losses among live 
stock—especially hogs and sheep. V. S. Stocktone will destroy and expel 
stomach and intestinal worms. It will do more. It corrects and aids digestion, 
tones the system, puts the stomach in condition to assimilate the food better; 
enables the animals to derive more good from what you feed; creates a better 
appetite; regulates the bowels so that, in a short time, a healthy vigorous 
animal is the result. * * * give them free access to "V. S. Stocktone. They 
Will Doctor Themselves "; (statements contained in a coupon accompanying the 
remaining lot and also included in the labeling of certain of the other lots in 
addition to the carton label above quoted) " I hereby agree to use V. S. Stock- 
tone according to directions printed on package to justify the free use of a 
veterinary surgeon for diseases contracted after one month of consecutive 
feeding."
On April 19 and May 31, 1933, no claimant having appeared for the property, 
judgments of condemnation and forfeiture were entered in the cases instituted 
in the Eastern District of Pennsylvania, and the court ordered that the products 
be destroyed by the United States marshal. On July 12, 1933, the product 
seized in the District of Maryland was also ordered condemned and destroyed.
R. G. TUGWELL, Acting Secretary of Agriculture.