1548. Misbranding of Franklin Gi-Co, Franklin Udder-Ease, and Franklin W-C-K
Compound. U. S. v. 20 Bottles of Franklin Gl-Co, 51 Jars of Franklin
Udder-Eze, 21 Boxes of Franklin W-C-K Compound, and 30 booklets.
Default decree of destruction. (F. D. C. No. 14879. Sample Nos. 69981-F,
69982-F, 69984-F.)
On January 12, 1945, the United States attorney for the District of Utah filed
a libel against 20 bottles of Franklin Gi-Co, 51 jars of Franklin Udder-Eze, 21
boxes of Franklin N-O-K Compound, and 30 booklets entitled "Franklin Vaccines
and Supplies Catalog No. 44" at Salt Lake City, Utah, alleging that the O. M.
Franklin Serum Co. bad shipped the articles from Denver, Colo., between the
approximate dates of October 9 and November 7, 1944, and the booklets on or
about October 11, 1944, and that the booklets accompanied the articles when
they were introduced into and while they were in interstate commerce.
Examination of a sample of the Franklin Gi-Co showed that it was essentially
a mixture containing alcohol, cresol, and an emulsifying agent, and volatile oils
including oil of eucalyptus. The article was alleged to be misbranded in that
the statements in the accompanying booklet, "For use in the treatment of certain
infections of the respiratory and intestinal tract of horses, cattle, sheep, swine
and poultry. Especially effective when used in drinking water for poultry, or
in a mash or slop feed. .* * * for herd or flock treatment. * * * when
given internally is absorbed- by the mucous membrane of the intestines and
eliminated through the respiratory tract and kidneys," were false and misleading
since the article would not be effective in the treatment of respiratory diseases
of poultry or other animals.
Examination of a sample of the Franklin Udder Eze showed that it was essen-
tially a mixture of petrolatum, lanolin, methyl salicylate, creosote, and salicylic
acid. The article was alleged to be misbranded in that the statements in the
accompanying booklet, "For treatment of inflammatory conditions of the udder
in cows, mares, ewes and sows. In treating cows, best results are obtained by
using in conjunction with Bovine Mixed Bacterin Formula 2. * * * Apply
ointment at least twice daily, massaging the affected parts thoroughly at each
application. Massaging will assist in * * * reducing inflammation. In
severe cases, * * * the ointment will prove very beneficial. * * * for
eczema and for sprains, bruises, rheumatic swellings, throat inflammation," were
false and misleading since the article would not be effective in the treatment of
the conditions mentioned.
Examination of a sample of the Franklin N-C-K Compound showed that it was
essentially a mixture including copper sulfate, nicotine, saponifiable oil, and
ground soy bean. ,The article was alleged to be misbranded in that the statements
in the accompanying booklet, "A popular and easily administered toner or con-
ditioner. * * * Animals put on weight while being treated and increased
appetite will be noted following treatment," were false and misleading since the
article would not be effective to fulfill the promises of benefit stated and implied
by those statements.
On March 10, 1945, no claimant having appeared, judgment was entered order-
ing that the product, including the booklets, be destroyed.