1889. Misbranding of Goat Powder Rx No. 77, Udderine, Udder Balm, Worm Seed
Rx No. 89, Worm Seed Rx for Goats and Kids, and Goat Kidding Rx.
U. S. v. Dr. David Roberts Veterinary Co., Inc., Dr. David Roberts, and
Lorimer D. Blott. Pleas of nolo contendere. Corporate defendant fined
$1,500; each individual defendant fined $250. (F. D. C. No. 15508. Sample
Nos. 61266-F, 71072-F, 71074-F, 71075-F, 79060-F, 79061-F.)
INFORMATION FILED : June 13, 1945, Eastern District of Wisconsin, against the
Dr. David Roberts Veterinary Co., Inc., Waukesha, Wis., and Dr. David Roberts
and Lorimer D. Blott, president and secretary, respectively, of the corporation.
?See also Nos. 1867, 1876.
ALLEGED SHIPMENT : Between the approximate dates of April 3 and June 17,1944,
from the State of Wisconsin into the States of Louisiana, Oregon, and Michigan.
PRODUCT: Analyses of samples gave the following results: The Goat Powder
Rx No. 77 consisted essentially of plant material, iron sulfate, charcoal, sulfur,
boric acid, copper sulfate, phenothiazine 1.2 percent, nicotine 0.18 percent, rosin,
and a nitrate; the Udderine was an emulsion containing chloroform, soap,
ammonium chloride, water, and aromatics, including turpentine; the Udder
Balm was an ointment composed of saponifiable and unsaponiflable fatty
matter, together with volatile oils, including turpentine and oils of eucalyptus
and sassafras; the Worm Seed Rx No. 89 was composed essentially of powdered
vegetable tissue, together with phenothiazine, nicotine, traces of volatile oils,
and mineral compounds, including compounds of copper, ferrous iron, potas-
sium nitrate, sulfate, and borate; the Worm Seed Rx for Goats and. Kids con-
sisted essentially of plant material, wormseed, anise, iron sulfate, copper sul-
fate, sulfur, charcoal, boric acid, rosin, saltpeter, phenothiazine 1.4 percent,
and nicotine 0.095 percent; and the Goat Kidding Rx consisted essentially of
plant material, including nux vomica, sodium chloride, sulfur, epsom salt, borax,
rosin, carbolic acid, and starch.
NATURE OF CHARGE: Goat Powder Rx No. 77. Misbranding, Section 502 (a), the
label statements, "Goat Powder Rx No. 77 To Medicate Salt for Goats * * *
'Worm' Themselves * * * Medicate all salt given to goats the year around,
as they are daily exposed to worm eggs in hay or grass. Mix contents of this
can with 36 pounds of common salt or 12 pounds with 150 pounds of salt and
place it where the goats can have free access to it daily," were false and mis-
leading in that they represented and implied that the article would be effica-
cious in the cure, mitigation, treatment, and prevention of worms which infest
goats. The article would not be efficacious for such purpose. Further mis-
branding, Section 502 (a), the label statement, "Ingredients: Phenothiazine-
American Worm Seed Quassia Tobacco Male Fern," was misleading in that
it represented and implied that the article contained a sufficient amount of
phenothiazine and nicotine, the active principle of the ingredient tobacco, to
be effective when used as directed in. the cure, mitigation, treatment, and pre-
vention of worms which infest goats; and that American wormseed, quassia,
and male fern would be efficacious for such purposes. The article did not con-
tain sufficient phenothiazine and nicotine to be effective, when used as directed,
against worms which infest goats; and American wormseed, quassia, and male
fern would not be efficacious for such purpose.
Udderine. Misbranding, Section 502 (a), the label statement, ''Udderine
* * * For Mild Udder Ailments in Cows," and certain statements con-
tained in an accompanying leaflet entitled "The Cattle Specialist," were false
and misleading in that they represented and suggested that the article would
be efficacious in the cure, mitigation, treatment, and prevention of mild udder
ailments in cows; and that it would be efficacious in the cure, mitigation,
treatment, and prevention of mastitis, caked or swollen udder, and other
udder troubles. The article would not be efficacious for the purposes recom-
mended and suggested. Further misbranding, Section 502 (a), the name of
the article, "Udderine," created the misleading impression that the article
would be efficacious in the cure, mitigation, treatment, and prevention of
diseases of the udder in cows.
Udder Balm. Misbranding, Section 502 (a), the label statement, "Udder
Balm * * * Apply Udder Balm freely twice daily to udder rubbing it
in thoroughly," and certain statements contained in an accompanying circular,
were false and misleading in that they represented and suggested that the
article would be efficacious in keeping livestock healthy; and that it would be
efficacious in the cure, mitigation, treatment, and prevention of mastitis, caked
or swollen udder, and other udder troubles. The artiele would not be effica-
cious for such purposes. Further misbranding, Section 502 (a), the name of
the article, "Udder Balm," created the misleading impression that the article
would be efficacious in the cure, mitigation, treatment, or prevention of disease
conditions of the udder.
Worm Seed Rx No. 89. Misbranding, Section 502 (a), the label statements,
"Worm Seed Rx No. 89. For Common Worms in Livestock and Poultry," and
certain statements contained in an accompanying leaflet, were false and
misleading in that they represented and suggested that the article would
be efficacious in keeping livestock healthy; and that it would be efficacious
in the cure, mitigation, treatment, and prevention of worms that infest
livestock and poultry.    The article would not be efficacious for the purposes
recommended and suggested. Further misbranding, Section 502 (a), the
statement, "Ingredients: Phenothiazine * * * Male Fern * * * Worm
Seed," and' the statement, "(Contains Phenothiazine)," appearing in an
accompanying leaflet, were misleading in that they represented and implied
that the article contained sufficient phenothiazine to be of value, when used
as directed, in the cure, mitigation, treatment, and prevention of common
worms in livestock and poultry; and that the ingredients male fern and
wormseed would be efficacious for such purposes. The article did not contain
sufficient phenothiazine to be of value for the purposes claimed, when used as
directed; and the male fern and wormseed would not be efficacious for such
purposes. Further misbranding, Section 502 (a), the name of the article,
"Worm Seed R No. 89," created the misleading impression that the article
would be efficacious in the cure, mitigation, treatment, and prevention of
worms in livestock and poultry.
Warm Seed R For Goats and Kids. Misbranding, Section 502 (a), the labej.
statements, "Give a matured goat a teaspoonful of this powder morning and
evening in feed for ten days as that is a worming. Give smaller dose to kids
over 4 months old. This powder can be given to pregnant Does at any period
of gestation. Mix the contents of this box with ten pounds of common salt.
Let goats and kids have free access to it daily," were false and misleading
in that they represented and implied that the article would be efficacious in the
cure, mitigation, treatment, and prevention of worms in goats and kids. The
article would not be efficacious for such purposes. Further misbranding,
Section 502 (a), the label statement, "Ingredients: Phenothiazine Worm
Seed Male Fern Tobacco," was misleading in that it represented and implied
that the article contained phenothiazine and nicotine, the active ingredient
of tobacco, in amounts sufficient to be efficacious in the cure, mitigation, treat-
. ment, and prevention of worms in goats and kids; and that wormseed and
male fern would be effective for such purposes. The article did not contain
a sufficient amount of phenothiazine and nicotine to accomplish the result
suggested and implied; and wormseed and male fern would not be efficacious
for such purposes. Further misbranding, Section 502 (a), the name "Worm
Seed R" created the misleading impression that the article would be effica-
cious in the cure, mitigation, treatment, and prevention of worms in goats
and kids.
Goat Kidding R. Misbranding, Section 502 (a), the following statements
on the label were false and misleading: "Goat Kidding 1$ * * * The
kidding period is a critical time in the life of the goat. The animal therefore
requires special care and attention at that time. * * * Give a teaspoonful
of Goat Kidding R in feed twice daily for one week before the goats kid and
for a few days after kidding. If a goat fails to clean within two hours after
kidding,- give one teaspoonful of Goat Kidding R three times a day in feed."
The statements represented, suggested, and implied that the article would
be of value in the treatment of goats during the critical time of kidding; and
that it would be efficacious in cleaning goats after kidding. It would not be of
value for such purposes. Further misbranding, Section 502 (e), the label
failed to bear a statement of the quantity or proportion of strychnine con-
tained in the article.
DISPOSITION: January 18, 1946. Pleas of nolo contendere having been entered
on behalf of the defendants, the court sentenced the corporate defendant to
pay a fine of $1,500 and each of the individual defendants to pay fines of $250.