30983. Misbranding of McMillan's Nomoppin. V. S. v. William Cicero McMillan 
(McMillan Drag Co.). (Two cases). Pleas of guilty. Fine of $300 in 
one case and $200 in the other. Payment of fine deferred and sentence 
suspended in latter case. (F. & D. Nos. 40810, 42734. Sample Nos. 64356-C, 
54357-C, 25196-D.)
The labeling of this product bore false and fraudulent representations 
regarding its curative and therapeutic effectiveness.
On April 23, 1938, the United States attorney for the Eastern District of 
South Carolina, acting upon a report by the Secretary of Agriculture, filed an 
information against William Cicero McMillan, trading as the McMillan Drug 
Co., Columbia, S. C. On July 12, 1939, the United States attorney filed a second 
information against the same defendant. The informations alleged shipment in 
violation of the Food and Drugs Act as amended, on or about October 18, 1937, 
and July 15, 1938, from the State of South Carolina into the States of Georgia 
and Florida, respectively, of quantities of McMillan's Nomoppin that was 
misbranded.
Analysis showed that the article consisted essentially of a solution of a mix- 
ture of arsenous oxide and potassium carbonate partly combined.
The article was alleged to be misbranded in that statements on the bottle 
labels falsely and fraudulently represented that it possessed curative and thera- 
peutic efficacy as an internal remedy and preventive for chicken sorehead, and 
as a tonic. Portions of the article were alleged to be misbranded further in 
that statements in a circular shipped therewith falsely and fraudulently repre- 
sented that the article was effective as a treatment, remedy, and cure for 
chicken sorehead, and as an aid to egg production; and effective to hasten 
molting, brighten plumage, and restore normal flesh and vigor to flock having 
sorehead.
On November 8, 1939, the defendant entered pleas of guilty in the two cases 
and the court imposed a fine of $300 for the violations charged in the first 
information, and a fine of $200 for the violations charged in the second. Pay- 
ment of fine was deferred and sentence was suspended in the latter case.
GROVER B. HILL, Acting Secretary of Agriculture.