29439. Misbranding of Spavin Counter-irritant.    TJ. S. v. 18 Bottles of Spavin
Counter-irritant.     Default   decree   of   condemnation   and   destruction.
(F. & D. No. 42892.    Sample No. 24822-D.)
The labeling of this product bore false and fraudulent curative and thera- 
peutic claims.
On June 14, 1938, the United States attorney for the Eastern District of 
North Carolina, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 18 bottles of 
Spavin Counter-irritant at Raleigh, N. C.; alleging that the article had been 
shipped in interstate commerce on or about March 22, 1938, from Newburgh, 
N. Y., by the Kells Co.; and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: "Dr. E. Detchen 
Med. Co., Spavin Counter-irritant"
Analysis of a sample of the article showed that it consisted essentially of oil 
of turpentine and ginger.
Misbranding was alleged in that the following statements in the labeling 
falsely and fraudulently represented the curative or therapeutic effectiveness of 
the article: "Spavin * * * is used as a local treatment for new and 
acute Bone Spavins, * * * splints. * * * Apply with the hand once a 
day for three days; then omit three days and so continue applying and omitting 
for the space of thirty days. Then omit two weeks to see if the enlargement or 
disease is all gone. If not repeat the process. Bathe the throat for Distemper, 
Sore Throat and coughs. Bathe the breast and sides for Lung Fever, Boils and 
Heaves.   One bottle is usually sufficient, very bad blemishes require several."
On August 17, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.