21241. Misbranding of Medicinal Condition Powder. IT. S. v. 9 1/3 Dozen 
Packages of Medicinal Condition Powder. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. no. 30569. Sample 
no. 28168-A.)
Examination of the drug preparation, Medicinal Condition Powder, disclosed 
that it contained no ingredient or combination of ingredients capable of pro- 
ducing certain curative and therapeutic effects claimed in the labeling.
On June 12, 1933, the United States attorney for the District of New Mexico, / 
acting upon a report by the Secretary of Agriculture, filed in the district court V 
a libel praying seizure and condemnation of 9% dozen packages of Medicinal 
Condition Powder at Las Vegas, N.Mex., alleging that the article had been 
shipped in interstate commerce, on or about August 15, 19132, by the J. H. 
McLean Medicine Co., from St. Louis, Mo., and charging misbranding in viola- 
tion 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 plant material, including fenugreek, and small proportions 
of an iron compound and phosphates, and a trace of strychnine.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing in the labeling, regarding the curative and therapeutic 
effects of the article, were false and fraudulent: (Carton) "For Horses: Loss 
of appetite, Loss of Flesh, Hide Bound, Coughs, Colds, * * * per DIS. 
temper, Pink Eye, Kidney Troubles, Epizootic, * * * If the animal is sick 
and will not eat, * * * For Hogs, Sheep or Goats: To prevent disease give 
to each animal one heaping tablespoonful once a day. If diseased give one 
heaping tablespoonful twice a day. * * * If the fowls will not eat"; (cir- 
cular) "For Horses: Loss of Appetite, Loss of Flesh, Hide Bound, Coughs, 
Colds,    *    *    *    For Distemper, Pink Eye,  Kidney Troubles and  Epizootic,
* * * For Hogs, Sheep or Goats: To prevent disease, give to each animal 
one heaping tablespoonful once a day.   *    *    *    If the fowls will not eat
* * * For Sore Throat, Roup and Canker: * * * In the food use 
the Condition Powder regularly, allowing one heaping tablespoonful to every 
five fowls. For Diarrhea: Put a small quantity of Condition Powder into the 
mouth * * * For Chicken-Cholera and Gapes." (Similar statements in 
Spanish appear on carton and circular.)
On July 13, 1933, 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.
M. L. WILSON, Acting Secretary of Agriculture.