893. Misbranding of GarJEX and Bre-Tone. V. S. v. Wear's Food Co., Inc. Plea
of gnilty. Fine, $150. (F. D. C. No. 7713. Sample Nos. 84365-E, 84366-E,
86226-E.)
On November 10, 1942, the United States attorney for the Northern District
of New York filed an information against Near's Food Co., Inc., Binghamton,
N. Y., alleging shipment on or about July 25, 1941, and February 18, 1942, from
the State of New York into the States of Illinois and New Jersey of quantities
of GarJEX and Bre-Tone which were misbranded.
Analyses of samples of the GarJEX showed that it consisted essentially of
hexamethylenetetramine, manganese, cobalt, copper, iron, sodium, magnesium
and potassium salts including iodides, sulfates and chlorides, together with
sulfur and plant material; one sample was found to contain some phosphate
and nitrate. It was alleged to be misbranded in that certain statements in its
labeling which represented and suggested that it would be efficacious in the
cure, mitigation, treatment, or prevention of mastitis or garget, were false and
misleading, since the article would not be efficacious for such purposes. It was
alleged to be misbranded further in that the name "GarJEX," borne on the
label, was misleading since the article was recommended for use as a veterinary
drug for administration to cows, and the name suggested and created in the
minds of purchasers the impression and#belief that it would be efficacious in
the cure, mitigation, treatment, or prevention of garget of cows, whereas it
would not be efficacious for such purpose.
Analysis of a sample of the Bre-Tone showed that it consisted essentially of
salt, epsom salt, calcium diphosphate, cobalt, copper, manganese probably as sul-
fates, iron probably as oxide, strychnine, potassium iodide and plant material.
It was alleged to be misbranded in that certain statements in the labeling
which represented and suggested that it would be efficacious as a breeding
tonic for catties, horses, and hogs; that it would be an efficacious treatment
for sterility in cattle, horses, and hogs which was not due to diseased con-
ditions of the reproductive organs, were false and misleading since it would
not be efficacious for such purposes. It was alleged to be misbranded further
in that the name "Bre-Tone" borne on the label and appearing in the circular
was misleading since the ai/ticle was recommended for use as a veterinary
drug for administration to horses, cattle, and hogs, and the name suggested
and created the impression in the mind of the reader that it would be efficacious
as a breeding tonic for horses, cattle, and hogs, whereas it would not be
efficacious for such purposes.
On January 26, 1943, a plea of guilty having been entered on behalf of the
defendant, the court imposed a fine of $150.
*See also Nos. 874, 891, 892.