596. Misbranding of Pro-Gro Poultry Supplement. IT. S. v. 3 10-Pound, 3 25-
Pound, and 1 335-Pound Containers of Pro-Gro. Consent decree of con-
demnation and destruction. (F.D. C. Nos. 4379, 4380. Sample Nos. 43876-E,
43877-E.)
On April 21,1941, the United States attorney for the District of Kansas filed a
libel against the abovemamed product at Ottawa, Kans., alleging that it had been
shipped by the Pro-Gro Co. from Kansas City, Mo., on or about January 28,1941;
and charging that it was misbranded. With the exception of the portion con-
tained in one of the 10-pound containers, the article was unlabeled.
Analyses of samples of the product showed that it consisted essentially of cut.
plant material containing minute proportions of hydrochloric and sulfuric acids.
The labeled portion of the article was alleged to be misbranded in that the
statements, "Pro-Produces More Eggs! Gro Grows More Meat! Poultry Sup-
plement Fertility . . . Vitality," were false and misleading since they rep-
resented that it would be efficacious for the purposes recommended, whereas it
would not be efficacious for such purposes; and in that the name "Pro-Gro," a
combination of letters, was a false and misleading device which was interpreted
to mean that the article would produce more eggs and grow more meat. Both
the labeled and the unlabeled portions were allegad to be misbranded in that the
article was in package form and the label failed to bear (1) a statement of the
common or usual names of the active ingredients, and (2) an accurate statement
of the quantity of contents. The portion in the unlabeled containers was alleged
to be misbranded further in that it was in package form and did not bear a label
containing the name and place of business of the manufacturer, packer, or
distributor.
It also was alleged to be misbranded under the provisions of the law applicable
to foods, as reported in F. N. J. No. 2858.
On June 21, 1941, the claimant having admitted the allegations of the libel,
judgment of condemnation was entered and the product was ordered destroyed.