2043. Misbranding: of Germ-O-Tone.    V. S. v. 134 Bottles of Germ-O-Tone.    De
fault decree of condemnation and destruction.    (F. D. C. No. 21049.    Sample
Nos. 44905-H, 44906-H.)
LIBEL FILED :    September 30, 1946, Southern District of California.
ALLEGED SHIPMENT : On or about July 17,1946, by the Germ-O-Tone Laboratories,
from Phoenix, Ariz.
PRODUCT: 134 bottles, from 8-ounce to ?-gallon sizes, of Germ-O-Tone at
Riverside, Calif. Analysis showed that the product was essentially a lime
and sulfur solution, with small amounts of potassium iodide and nitrate.
NATURE OF CHABSE: Misbranding, Section 502 (a), the designation "Germ-O-
Tone" was false and misleading since it represented and suggested that the
product was of value as a tonic for germ infestation of animals, and that it
was a germicide, whereas it was not a tonic for germ infestation of animals,
and it was not a germicide. Certain statements on the bottle label were false
and misleading since they represented and suggested that the product would
be effective in the treatment of sorehead, roup, and chicken pox of poultry,'
and ear canker and sore hocks in rabbits; that it would be effective in the pre-
vention and removal of intestinal worms in poultry, livestock, and dogs, and
in the prevention and removal of lice, mites, blue bugs, fleas, and ticks from
all ages of poultry, livestock, and dogs; that it would be effective to prevent
diarrhea, coecidiosis, and other bowel troubles in baby chicks, poults, growing
and adult poultry, and livestock, including hogs, cattle, sheep, and horses; that
it would be effective as a tonic and would stimulate the appetite and keep
poultry and livestock doing good; that it would help poultry have full feathers
and cause all types of livestock to have smooth silky coats; and that it would
be effective for the prevention and treatment of distemper in all types of
livestock. The article would not be effective for the purposes stated and
implied.
DISPOSITION : October 31, 1946. No claimant having appeared, judgment of
condemnation was entered and the product was ordered destroyed.