21535. Adulteration and misbranding of Consolidated Stock and Poultry Compounds. U. S. v. Fourteen 3-Pound Packages of Consolidated Stock Compound, et al. Default decree of condemnation, for- feiture, and destruction. (F. & D. no. 30744. Sample nos. 37430-A, 37431-A.) This case involved products sold as stock and poultry conditioners and represented to contain yeast and cod-liver oil. Examination showed that the articles contained no ingredients or combinations of ingredients capable of producing certain curative and therapeutic effects claimed in the labeling. No yeast nor cod liver oil were in the samples of the products analyzed. On July 24, 1933, the United States attorney for the District of Oregon, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 34 packages of Consolidated Stock Compound and 18 packages of Consolidated Poultry Compound at Turner, Oreg., alleging that the articles had been shipped on or about February 7, 1933, from Hutchinson, Kans., in the name of the consignee, and charging adul- teration and misbranding in violation of the Food and Drugs Act as amended. Analyses of samples of the articles by this Department showed that the Consolidated Stock Compound consisted essentially of calcium carbonate, mag- nesium sulphate, ferrous sulphate, small proportions of sulphur, quassia, and fenugreek seed, and a trace of nux vomica; and that the Consolidated Poultry Compound consisted essentially of calcium carbonate, magnesium sulphate, iron oxide, and small proportions of sulphur, quassia, and capsicum. Yeast and cod-liver oil were not present in either article. It was alleged in the libel that the articles were adulterated in that their strength and purity fell below the professed standard or quality under which they were sold, as follows: (Stock Compound, -leaflet) "Consolidated Stock Compound contains the following ingredients: * * * Yeast, Cod Liver Oil''; (Poultry Compound, leaflet) "Consolidated Poultry Compound contains the following ingredients and no other: Dry Yeast, Cod Liver Oil * * *." Misbranding was alleged for the reason that the following statements appear- ing in the labeling were false and misleading: (Stock Compound, leaflet) " Consolidated Stock Compound contains the following ingredients: * * * Yeast, Cod. Liver Oil * * * Larger Savings to the Farmer and Feeder * * * Successful Dairying All Dairymen know that success or failure very largely depends upon a balanced ration containing the essential vitamins: Yeast and Cod Liver Oil combined with the necessary minerals in order to make it profitable, both in growth and production. * * * Consolidated Stock Compound usually shows a very large percent of profit as it assists in promoting growth and earlier development. * * * When mixing 3 lbs. of Consolidated Stock Compound with 100 lbs. of ordinary salt makes an excep- tional balanced ration for sheep without forcing the animal. It assists in increasing the appetite and promoting digestion thus causing a rapid growth "; (Poultry Compound, carton) "For Production of Eggs"; (leaflet) "Consoli- dated Poultry Compound is a highly concentrated product making a well bal- anced combination of essential vitamins and minerals and is especially designed to provide the elements which are not present in the grain ration for growth and development. * * * Economy and Production Consolidated Poultry Compound contains the following ingredients and no other: Dry Yeast, Cod Liver Oil * * * as it supplies the elements necessary to build the body of the fowl for continued pen production." Misbranding was alleged for the further reason that the following statements regarding the curative and the- rapeutic effects of the articles were false and fraudulent: (Stock Compound, leaflet) " Healthy Livestock Pays a Handsome Profit While Unthrifty Animals Usually Show a Severe Loss. Consolidated Stock Compound stimulates the appetite, promotes digestion, and prevents many of the common ailments to which the overworked cow is subject. Consolidated Stock Compound * * * Naturally the most common diseases among hogs are materially reduced. The most common diseases among sheep are due to improper care and treatment, improper or insufficient food and may result from ranging on wet or damp soil, causing derangement of the stomach, liver or bowels. The horse * * * should never be allowed to become unthrifty. Consolidated Stock Compound is a scientific product, highly recommended as an appetizer which naturally causes & smooth glossy coat, good spirit and staying qualities. It is very beneficial (sic) in growing and fattening livestock by increasing the appetite, promoting the digestion * * *"; (coupon) "I hereby agree to use Con- solidated Stock Compound according to directions printed on package, to jus- tify the free use of a veterinary surgeon for diseases contracted after one month of consecutive feeding"; (veterinary surgeon service certificate) "This is to certify, That the Consolidated Salt Co., Inc., of Tiffin, Ohio, on the basis of a signed statement, issued under date of , 193 to of State, showing purchase by him of pounds Consolidated Stock Compound, does hereby agree to furnish a Veter- inary Surgeon absolutely free when his stock becomes sick from any disease, horses, sheep, cows and hogs, provided he has used this product continuously and fed according to directions which appear on the package, viz: one half pound per week to each horse and cow, and one-fourth pound per week to each hog and sheep and lesser amounts for young animals, for a period of 30 days from date hereof, and we will continue this guarantee on any animals so fed"; (Poultry Compound, carton) "For Sick Fowls: Separate (sic) the sick fowls from those not already affected and give one tablespoonful daily for every 10 fowls." On November 6,1933, 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.