22340. Misbranding of Acme Stock Tone. IT. S. v. Twenty-two 3-Pound 
Packages of Acme Stock Tone. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. no. 30542. Sample no. 
36823—A.)
This case involved a drug preparation, the labels of which bore unwarranted 
curative and therapeutic claims. It was also claimed for the article that it was 
effective to increase milk production in cows, growth in hogs, etc., whereas it 
was valueless for such purposes.
On June 1, 1933, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 22 packages of Acme 
Stock Tone at Delta, Mo., alleging that the article had been shipped in inter- 
state commerce, on or about January 20, 1933, by the Acme Salt Co., Inc., from 
Hutchison, Kans., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: " Acme Stock Tone * * * 
Manufactured only by Acme Stock Salt Company, Inc., Tiffin, Ohio."
Analysis of a sample of the article by this Department showed that it con- 
sisted of a large proportion of lime carbonate, small proportions of silica, 
magnesium sulphate, ferrous sulphate and sulphur, and minute amounts of 
quassia, nux vomica, fenugreek, phosphate and whole American wormseed.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements appearing in the circular accompanying the article were false 
and misleading: "Acme Stock Tone * * * will give your cows an excellent 
appetite, increase the digestive organs so that the greatest quantity of rich milk 
will be produced. This product can be economically fed to both small and 
large herds, in fact, it will pay a nice profit if used on a single cow. It is a 
valuable food assimilator. * * * which assists in causing rapid growth as 
well as increased production.    *    *    *    Increases the flow of milk, causes the
offspring to make a rapid growth * * *. To increase the flow of milk give 
% pound of Acme Stock Tone once a week to each cow * * * Acme Stock 
Tone has met the requirements of the Dairymen as well as the smaller farmer 
and Feeders who realize the importance of using the essential minerals. * * * 
Hog may be eating much more than is necessary and showing no results on 
account of an undersupply of vitamines and minerals necessary to produce a 
rapid growth. Statistics show that a matured healthy hog will contain 35% of 
dried bone and that the ashes from the bone will contain 40% of Calcium and 
17% Phosphorus which is supplied by Acme Stock Tone." Misbranding was 
alleged for the further reason that certain statements appearing in the labeling, 
regarding its effectiveness to protect cows against disease, as a treatment for 
derangement of the liver, kidneys and intestines in cattle, impaction of the 
rumen in cows; to build up cows from a diseased condition and keep them 
healthy, and for indigestion in cows; and to prevent malignant, epidemic or con- 
tagious diseases of hogs, hog cholera, worms in hogs, worms in sheep, and 
sickness and diseases of horses, were false and fraudulent.
On October 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.