470. Adulteration and misbranding of barbital tablets, cough tablets, conjunc-
tivitis tablets, and equine worm powder; misbranding of eye ointment.
U. S. v. Lloyd M. Curts and Charles D. Folse (Curts-Fol.se Laboratories).
Pleas of guilty. Fine, $1 and costs. (F. D. C. No. 2861. Sample Nos. 4466-E,
4467-E, 4468-E, 16018-E, 16739-E.)
All of these veterinary products contained smaller amounts of certain ingredi-
ents than those declared on their labels. Furthermore, the labels of the cough
tablets, the conjunctivitis tablets, the eye ointment, and the equine worm powder
contained false and misleading representations regarding, their efficacy in the
treatment of certain diseases of animals.
On January 10, 1941, the United States attorney for the District of Kansas
filed an information against Lloyd M. Curts and Chajles D. Folse, trading as
Curts-Folse Laboratories at Kansas City, Kans., alleging shipment on or about
August 29 and November 29, 1939, from the State of Kansas into the State
of Illinois of a quantity of barbital tablets, cough tablets, and conjunctivitis
tablets that were adulterated and misbranded, and on or about October 6, 1939,
and February 26, 1940, from the State of Kansas into the State of Oklahoma of
a quantity of eye ointment that was misbranded and of equine worm powder
that was both adulterated and misbranded.
The articles were labeled in part: "Barbital Tablets 1? grs. Cu-Fo Dose
Dogs and Cats iy2 to 10 grains"; "Cough Tablets Small Animals Ammon
Chloride 1 gr. * * ?* Dose Dogs and Cattle"; "Conjunctivitis Tablets No.
1 Contains Boric Acid ? gr. Salicylic Acid 2 grs. Zinc Sulphate 1 gr. * * *
for eye wash"; "Eye Ointment   *    *    *   Distributed by Barber and Cochran
*?*    *    Oklahoma City,  Okla.";  "Equine Worm Powder Contains    *    *    *
Arsenic 2?."
The barbital tablets were alleged to be adulterated in that their strength
differed from that which they purported or were represented to possess in that
each of said tablets was represented to contain 1? grains of barbital; whereas
each tablet contained not more than 1.18 grains of barbital. They were alleged
to be misbranded in that the statement "Barbital Tablets iy2 grs.," borne on
the bottle label, was false and misleading since each of the tablets did not
contain 1? grains of barbital but did contain a smaller amount.
Analysis of a sample of the cough tablets showed that they consisted essen-
tially of ammonium chloride (0.76 grain per tablet) and extracts of plant
material, including licorice. They were alleged to be adulterated in that their
strength differed from that which they purported or were represented to possess
in that each of said tablets was represented to contain 1 grain of ammonium
chloride; whereas each tablet contained less than 1 grain, namely, not more
than 0.76 grain of ammonium chloride. They were alleged to be misbranded
in that the statement "Tablets * * * Contain Ammon Chloride 1 gr.," borne
on the bottle label, was false and misleading since each of the tablets did not
contain 
1 grain of ammonium chloride but did contain a smaller amount. They
were alleged to be misbranded further in that the statement "Cough Tablets
*?*   *   Cattle," borne on the bottle label, was false and misleading since the
tablets would not be efficacious in the treatment of coughs in cattle.
Analysis of a sample of the conjunctivitis tablets showed that each of them
consisted essentially of boric acid (0.45 grain), salicylic acid (1.48.grains), zinc
sulfate (0.73 grain), and methylene blue. They were alleged to be adulterated
in that their strength differed from that which they purported or were repre-
sented to possess in that each of said tablets was represented to contain -
grain of boric acid, 2 grains of salicylic acid, and 1 grain of zinc sulfate;
whereas each of said tablets contained not more than 0.45 grain of boric acid,
not more than 1.48 grains of salicylic acid, and not more than 0.73 grain of
zinc sulfate. They were alleged to be misbranded in that the statement "Tab-
lets * * * Contains Boric Acid ? gr. Salicylic Acid 2 grs. Zinc Sulfate 1
gr.," borne on the bottle label, was false and misleading since each of said
tablets contained less than ? grain of boric acid, less than 2 grains of salicylic
acid, and less than 1 grain of zinc sulfate. They were alleged to be misbranded
further in that the statement "Conjunctivitis," borne on the bottle label, was
false and misleading since said drug would not be efficacious in the treatment
of conjunctivitis.
Analysis of a sample of the eye ointment showed that it consisted essentially
of yellow mercuric oxide incorporated in a suitable base.   It was alleged to be?,-
misbranded in that the statement "For the treatment of eye inflammations?(
and infections   *    *   *     If the eye contains pus," borne on the cartons, was?v-
false and misleading since it would not be efficacious for the treatment of eye
inflammations and infections or of pus in the eye.
Analysis of a sample of the equine worm powder showed that it consisted
essentially of arsenic trioxide (1.57 percent), plant material including areca
nuts and tobacco, compounds of sodium, iron, and calcium, chlorides, sulfates,
and phosphates. It was alleged to be adulterated in that its strength differed
from or its quality or purity fell below that which it purported or was
represented to possess in that it was represented to contain 2 percent of
arsenic, i. e., arsenic trioxide; whereas it contained less than 2 percent, namely,
not more than 1.57 percent of arsenic trioxide. It was alleged to be misbranded
in that the statements "Equine Worm Powder" and "Contains * * * Arsenic
2?," appearing on the label, were false and misleading since it was not
efficacious in the treatment of worms in horses and it did not contain 2
percent of arsenic trioxide, but did contain a smaller amount.
On January 28, 1941, the defendants entered pleas of guilty and the court
imposed a fine of $1 and costs to be paid jointly.