8896. Misbranding of Dr.  Macdonald "Vitamized Egg  Mash  Maker,  Dr.  Mac-
Donald's Vitamized Chick and Growing Mash Maker, and Dr. MacDon- 
ald's Vitamized Metabolators For Dairy Cattle, Sheep, Beef Cattle, Calves, 
and Swine. IT. S. v. John R. Macdonald (Vitamized Feed Co.). Plea of 
nolo contendere. Fine, $400 and costs. (F. D. C. No. 12557. Sample Nos. 
8241-F, 8242-F, 8565-F, 8566-F, 8568-F to 8570-F, inel.)
INFORMATION FILED : December 14, 1944, Northern District of Iowa, against 
John R. Macdonald, trading as the Vitamized Feed Co., Fort Dodge, Iowa.
ALLEGED SHIPMENT: Between the approximate dates of March 20 and Sep- 
tember 22, 1943, from the State of Iowa into the State of Minnesota.
PRODUCT: The Egg Mash Maker and Chick and Growing Mash Maker were sold 
as supplements for mixing poultry mashes. They consisted essentially of lime- 
stone, salt, charcoal, iron compounds, sulfate, iodide, plant material, and 
small amounts of other mineral substances. The remaining products were 
stock feeds consisting of cereal matter to which had been added, in various 
proportions and combinations, ground limestone, salt, charcoal, iron com- 
pounds, sulfates, sulfur, copper salts, iodide, oil, ginger, licorice and anise, 
small amounts of phosphorus, sodium thiosulfate, yeast, fenugreek, charcoal, 
iodine, iodides, and chloride.
NATURE OF CHARGE: Egg MasJi Maker, misbranding, Section 403 (a), the label 
statement, "Iodine (I) Not less Than . . . .03906%," was false and mislead- 
ing since the article contained a smaller amount of iodine. Further mis- 
branding, Section 403 (a), the name of the article, the label statement, 
"Vitamized Egg Mash Maker," and certain statements in the accompanying 
circular entitled "Get More Egg By The Vitamized Way" were false and mis- 
leading since they represented and suggested that the article contained sub- 
stances rich in vitamins; that it would produce extra quality eggs; that it 
contained all of the essential minerals required by poultry; and that it would 
increase egg production, produce better hatchability of eggs, improve the 
health of the flock, increase the vitality of poultry, build up body resistance
to disease, help to protect the hens against mortality, increase the digesti- 
bility of feed, and increase the flow of digestive juices and body secretions of 
poultry. The article did not contain substances rich in vitamins; it did not 
contain all of the essential minerals required by poultry; and it would not 
effect the results suggested or implied by the statements.
Chick and Growing Mash Maker, misbranding, Section 403 (a), the name of 
the article, the label statements, "Vitamized Chick Mash Maker, Chick Starter 
Chick Grower Makes 'Em Cackle Early" and "Vitamized Chick and Grow- 
ing Mash Maker," and certain statements in the accompanying leaflet and 
circular entitled "Stop Chick Loss" and "Vitamized Feed News" were false 
and misleading since they represented and suggested that the article contained 
substances rich in vitamins; that it would be efficacious to stop chick losses 
and to prevent all disease conditions of chicks and chickens; that it would 
help to keep chicks in good health; that it would help to produce healthy 
mature birds In the shortest possible time; that it would promote nutritional 
balance in poultry, reduce mortality due to unbalanced feeds, increase 
egg production, and build greater resistance to disease; that it would help 
chicks to grow at a faster rate in a shorter period of time and at less cost; 
and that it would increase the flow of digestive juices and body secretions, 
build strong, vigorous, thrifty chicks, promote strong bone structure and 
rapid growth, improve flock health and vigor, ward off nutritional deficiency 
diseases, and build up resistance against infectious diseases. The article did 
not contain substances rich in vitamins, and it would not be efficacious to 
accomplish the results claimed.
Metabolator for Dairy Cattle, misbranding, Section 403 (a), the label state- 
ments, "Phosphorus (P) Not Less Than . . . 5%" and "Iodine (I) Not Less 
Than . . . .0625%," were false and misleading since the article contained 
less phosphorus and iodine than was represented. Further misbranding, Sec- 
tion 403 (a), the name of the article, the label statements, "Vitamized Metab- 
olator * * * Makes Better Dairy Cattle and Stronger Calves" and "vita- 
lized Metabolator," and certain statements in an accompanying circular 
entitled "Which Pail of Milk Do You Want?" were false and misleading since 
they represented and suggested that the article contained substances which 
were rich in vitamins and which possessed properties of special value in 
promoting body metabolism; that it would increase milk production; that it 
was a profit maker; that it would reduce feeding costs and eliminate waste; 
that it would promote better digestion and assimilation of feed, help to build 
the general health of cattle, maintain peak milk flow, would produce stronger 
and bigger calves, prevent abortions, and help to prevent the common troubles 
of dairy cows; that it was a conditioner; that it would stimulate the digestive 
juices and step up the digestive processes of cattle; and that it would prevent 
sickness in livestock. The article did not contain substances rich in vitamins; 
it did not possess properties of special value in promoting body metabolism; 
it was not a conditioner; and the use of the article would not effect the results 
suggested or implied by the labeling.
Metabolator for Sheep, misbranding, Section 403 (a), the label statement, 
"Iodine (I) Not Less Than .0625%," was false and misleading since the article 
contained less than .0625 percent of iodine. Further misbranding, Section 403 
(a), the name of the article, the label statements, "Vitamized Metabolator 
Sheep Balancer" and "Vitamized Metabolator For Sheep (Sheep Balancer)," 
" and certain statements in an accompanying circular entitled "Vitamized Feed 
News," were false and misleading since they represented and suggested that 
the article contained substances rich in vitamins; that it possessed properties 
of special value in promoting body metabolism; and that the use of the article 
would make sheep, wool, and mutton production profitable, make lambs husky, 
increase milk flow at lambing time, improve the reproductive processes in 
sheep, cause better utilization of other food, and stimulate the appetite; and 
that it would produce a fine finish and high-quality carcass. The article did 
not contain substances rich in vitamins; it did not possess properties of special 
value in promoting body metabolism; and the use of the article would not 
effect the results suggested or implied by the labeling.
Metabolator for Beef Cattle, misbranding, Section 403 (a), the label state- 
ment, "Iodine *(I) Not Less Than .0625%," was false and misleading since the 
article contained less than .0625 percent of iodine. Further misbranding, 
Section 403 (a), the name of the article, the label statement, "Vitamized 
Metabolator Cattle Balancer," and certain statements in an accompanying
718106—47 7
- circular entitled "Vitamized Feed News," were fake and misleading since they 
represented and suggested that the article contained substances rich in vita- 
mins; that it possessed properties which were of special value in promoting 
body metabolism; that it would be efficacious in promoting better digestion 
and assimilation of other food; that it would help to keep the animal on full 
feed; that it would help to stimulate the flow of saliva and other important 
digestive juices; and that it would produce rapid growth, health, and repro- 
duction, promote nutritional balance in cattle, and promote smooth, even flesh 
and a glossy coat of hair. The article did not contain substances rich in 
vitamins; it did not possess properties of special value in promoting body 
metabolism; and the use of the article would not effect the results suggested 
or implied by the labeling.
Metaoolator for Calves, misbranding, Section 403 (a), the label statements, 
"Phosphorus (P) Not Less Than 4.5% Iodine (I) Not Less Than .0625%," 
were false and misleading since the article contained less phosphorus and 
iodine than was represented. Further misbranding, Section 403 (a), the 
name of the article, the label statements, "Vitamized Metabolator * * * 
(Calf Balancer)," and certain statements in an accompanying circular entitled 
"Vitamized Feed News," were false and misleading since they represented and 
suggested that the article contained substances rich in vitamins; that it 
possessed properties which were of special value in promoting body metab- 
olism ; that it would promote nutritional balance; that it would be efficacious 
in the prevention and cure of scours in calves; and that it would prevent scours 
due to vitamin A and B deficiencies. The article did not contain substances 
rich in vitamins; it did not possess properties of special value in promoting 
body metabolism; and the use of the article would not effect the results sug- 
gested or implied by the labeling. 
Metabolator for Swine, misbranding,.Section 403 (a), the label statement, 
"Iodine (I) Not Less Than .0625%," was false and misleading since the article 
contained less than .0625 percent of iodine. Further misbranding, Section 
403 (a), the name of the article, the label statement, "Vitamized Metabolator 
For Swine," and certain statements in an accompanying circular entitled 
"Vitamized Feed News," were false and misleading since they represented 
and suggested that the article contained substances rich in vitamins; that it 
possessed properties which were of special value in promoting body metabo- 
lism; that it would prevent death losses in hogs, insure against loss in hogs 
due to any cause, and prevent pigs from developing black and white scours;
- that it would be efficacious in the prevention and treatment of necro; that 
it would increase the benefits of home-grown grains, help to improve the 
health of the stock through better nutrition, increase reproductive ability, 
insure larger litters of husky pigs, improve the digestibility of feeds, increase 
the flow of saliva and digestive juices, and cause a better utilization of other 
food; that it would be efficacious in the prevention of pneumonia, worms, 
enteritis, and contagious diseases; and that it would increase the milk pro- 
duction of sows. The article did not contain substances rich in vitamins; it 
did not possess properties of special value in promoting body metabolism; and 
the use of the article would not effect the results suggested or implied by the 
labeling.
It was also alleged that another article, Necro Tonic For Swine, was mis- 
branded under the provisions of the law applicable to drugs, as reported in 
notices of judgment on drugs and devices, No. 1645.
DISPOSITION: June 12, 1945. A plea of nolo contendere having been entered 
by the defendant, the court imposed a fine of $400, plus costs.