21582. Misbranding of  Super  Culture  Hylactic  Yeast   Feed.     tJ.   S.  v.   104
Bags of Super Culture Hylactic Yeast Feed. Consent decree of 
condemnation and forfeiture. Product released under bond to 
be relabeled.     (F. & D. no. 29796.    Sample no. 24370-A.)
This case involved a shipment of a product intended for use as a stock 
conditioner. Examination showed that the article would not increase the 
feeding value of common grains 20 to 30 percent as represented in the circular.
would not aid in fattening livestock, would not aid in the production of beef, 
and would not stimulate milk production as claimed. The article contained 
no ingredient or combination of ingredients capable of producing certain 
curative and therapeutic effects claimed in the labeling.
On February 24, 1933, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 104 bags of the 
said Super Culture Hylactic Yeast Feed at Winslow, Ill., alleging that the 
article had been shipped in interstate commerce on or about October 31, 1932, 
by the Super Culture Sales Co., from Sioux City, Iowa, and charging misbrand- 
ing in violation of the Food and Drugs Act as amended.
Analysis of a sample of the material by this Department showed that it 
consisted essentially of plant material, including wheat and yeast, and inor- 
ganic material, including sodium chloride (5 percent), sodium bicarbonate (3.3 
percent), and iron oxide (1.3 percent).
It was alleged in the libel that the article was misbranded in that the 
following statements contained in the circular shipped with the article were 
false and misleading: " Increases the food value of grains 25% * * * A 
Bone, Flesh and Fat Builder Shortens the Time to Market, * * * It has 
long been known that yeast when mixed with other feeds makes a supple- 
mentary balance * * * makes them more readily assimilable when eaten; 
in other words, increasing their food value * * * Super Culture Yeast 
Feed is a supplementary balance for the Farmers' home grown feeds. * * * 
makes them more easily digested, opens up the feed values in all hard grains 
grown on the farm * * * Tests held by us for over a period of two years, 
show that when mixed with oat hulls, about 4% protein is produced. That 
actual feeding value of oats is increased about 20%. When used with other 
ground grains the food value is increased about 25% and in some instances 
30%. * * * Super Culture Hylactic Yeast Feed produces more beef 
quicker, cheaper and with less feed. When fed to dairy cows this wonderful 
stimulant abundantly increases the milk supply. Super Culture Feed Con- 
centrate The All Purpose Feed."
Misbranding was alleged for the further reason that the following state- 
ments regarding its curative or therapeutic effects on the article, appearing in 
the circular, were false and fraudulent: " The scientific world stands amazed 
at the curative properties in yeast. * * * But it has only lately been 
discovered that yeast feeds are marvelous as a gland stimulator and a great 
aid in keeping the intestinal tract clean and healthy. Increases appetite 
* * * Super Culture is a great help in necro pigs. Pigs with negro will 
put on a gain and be helped of the necrotic condition while feeding Super 
Culture Hylactic Yeast Feed. Treating Hogs for Necro or Necrotic Enteri- 
tis * * * shut off all other feeds and pastures or treatment will be a 
failure."
On May 26, 1933, William Hite, claimant, having admitted the allegations 
of the libel and having consented to the entry of a decree, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the claimant to be relabeled under the supervision 
of this Department, upon, payment of costs and the execution of a bond 
in the sum of $750.
M. L. WILSON, Acting Secretary of Agriculture.