2239. Misbranding of Germ-O-Tone. U. S. v. Dean M. Schlarbaum (Germ-O-Tone
Laboratories). Plea of nolo contendere. Fine, $200. (F. D. C. No. 22023
Sample Nos. 44905-H, 44906-H.)
INFORMATION FILED : April 8, 1947, District of Arizona, against Dean M. Schlar-
baum, trading as the Germ-O-Tone Laboratories, at Phoenix, Ariz.
ALLEGED SHIPMENT : During the period from July 17 to August 3, 1946, from the
State of Arizona into the State of California.
PRODUCT : Analysis disclosed that the product consisted essentially of an aqueous
liquid containing compounds of calcium, sulfur, iodide, and probably nitrate.
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
labels of the article were false and misleading since they represented, suggested,
and created the impression that the article was efficacious in the prevention
and removal of intestinal worms in poultry, livestock, and dogs, and of lice,
mites, bluebugs, fleas and ticks from all age poultry, livestock, and dogs; that
it would be efficacious in the prevention of diarrhea, coccidiosis, and other bowel
troubles in baby chicks, poults, growing and adult poultry, and livestock; and
that it would be efficacious in the treatment of distemper in all types of live-
stock, of sorehead, roup, ear canker, and sore hocks in rabbits, and of sorehead,
roup, and chickenpox in poultry. The article was not efficacious in the treat-
ment, prevention, and removal of such conditions.
Further misbranding, Section 502 (a), certain other statements on the labels    ( '
of the article were false and misleading since they represented and suggested     v
that the article was an antiseptic and germicide and a tonic; that it would be
efficacious in stimulating the appetite of poultry and livestock; and that it
would be efficacious in causing all poultry to "full feather" and all types of
livestock to have smooth, silky coats.   The article was not an antiseptic and
germicide and was not a tonic, and it would not be efficacious for the purposes
suggested.
DISPOSITION :   June 16, 1947.   A plea of nolo contendere having been entered,
the court imposed a fine of $100 on each of the 2 counts of the information.