'24083. Misbranding of Fumoil, Egg a Day, and Egg o Day. V. S. v. 5 Cans 
of Fumoil and 11 Packages of Ess a Day, et al. Default decrees 
of condemnation and destruction. (F. & D. nos. 33453, 33454. 
Sample nos.  41472-A,  41473-A.)
These cases involved drug preparations which were misbranded because of 
unwarranted curative and therapeutic claims appearing in the labeling.
On September 28, 1934, the United States attorney for the District of South 
Dakota, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court libels praying seizure and condemnation of 5 cans of Fumoil and 37 
packages of Egg a Day and Egg o Day at Mitchell, S. Dak., alleging that the arti- 
cles had been shipped in interstate commerce on or about February 10, 1934, by 
the Standard Chemical Manufacturing Co., from Omaha, Nebr., and charging 
misbranding in violation of the Food and Drugs Act as amended.
Analyses showed that the Fumoil consisted essentially of two preparations, 
namely, a bottle of volatile oil composed chiefly of eucalyptus oil with a small 
proportion of sulphuric acid and a package of chlorinated lime; and that the 
Egg a day (and Egg o Day) consisted essentially of calcium carbonate, sodium 
thiosulphate, sodium chloride, iron compounds including iron sulphate, a phos- 
phate, and small proportions of plant materials including nux vomica.
The Fumoil was alleged to be misbranded in that the following statements 
regarding its curative or therapeutic effects, borne on the carton and can 
labels, were false and fraudulent: (Carton) "Colds, bronchitis, flu and pneu- 
monia";  (can)  "Colds, bronchitis, flu and pneumonia in Poultry and Hogs."
Misbranding of the Egg a Day and Egg o Day was alleged for the reason 
that the cartons and circulars contained false and fraudulent representations 
regarding its effectiveness to develop strong healthy chickens,, to prevent 
losses in poultry raising, to stimulate the initial cells from which yolks are 
formed, to supply the necessary elements in proper proportions for maximum 
egg production, to stimulate and quicken the digestive processes in fowls, making 
possible a greater degree of assimilation, to stimulate the egg producing gland 
in a natural manner, to promote thrift, to keep chickens healthy at all times, 
to stimulate the glands, build bone, make feathers, build up the blood, keep 
poultry in good condition at all times, to give new health and vitality to hens, 
to put the egg-making glands in good working condition, to insure health and 
thrift in fowls, to shorten the moulting period, to stimulate the development 
or ripening of the yolks, to cause ample secretion of albumen, to stimulate the- 
entire system of digestion, to keep flocks healthy, and as a stimulant which 
would leave no bad after effects.
On January 10, 1935, no claimant having appeared, judgments of condemna- 
tion were entered and it was ordered that the products be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.