2549. Misbranding of Spear Chick-Tabs, Spear Tonic, and Spear Quit-Pick.
U. S. v. 26 Bottles, etc. (F. D. C. No. 24713. Sample Nos. 20877-K, 20882-K,
20883-K.)
LIBEL FILED :   On or about April 13, 1948, Western District of Missouri.
ALLEGED SHIPMENT : The Spear Chick-Tabs were shipped from Cedar Rapids,
Iowa, by Barlow, Wright & Shores, Inc., on or about March 1, 1947, and the
other products were shipped by the Corn King Co. (successor to Barlow, Wright
& Shores, Inc.), from Cedar Rapids, Iowa, on or about November 12, 1947,
and February 9,1948.
PRODUCT : 26 100-tablet bottles of Spear Chick-Tats, 7 1-pound packages and
1 4-pound package of Spear Tonic, and 105 jars of Spear Quit-Pick at Kansas
City, Mo.
LABEL, IN PART: "Spear 'Chick-Tabs Active Ingredients: Ammonium, Zinc,
Iron and Copper Phenolsulfonate. Inert Ingredients: Boric Acid. 20 Grains
Each" and "Spear Tonic Nux Vomica (.36 grain Strychnine per lb.), Quassia,
Sulphur 1.35?, Mustard, Iron Sulphate, Sodium Carbonate, Capsicum 2-
Oyster Shell Flour (Calcium Carbonate) 34?,, Sodium Chloride (Salt) ? of
1?, Charcoal 15?, Oxide of Iron."
NATURE OF CHARGE: Spear Chick-Tats. Misbranding, Section 502 (a), the
following label statements were false and misleading, since the article was
not effective as an astringent medication, as an astringent, or of any value in
the treatment of diarrhea conditions of chickens and turkeys: "An astringent
medication to be used in the drinking water for Poultry and Turkeys * * *
An Effective Astringent Spear Chick-Tabs are of especial value in the aid
of simple diarrhea not caused by infection, in Chickens and Turkeys of all
ages. As an Astringent For Baby Chicks and Poults * * * For Pullets
and Turkeys   *   *    *   For Adult Birds   *   *    *."
Spear Tonic. Misbranding, Section 502 (a), the following label statements
were false and misleading, since the article was not effective as a tonic, as
a conditioning tonic, as an appetizer, and as an aid in the assimilation of the
food of poultry, turkeys, ducks and geese, and was not effective to pep birds
up after worming and to build appetite and vitality: "Tonic * * * A
Conditioning Tonic and Appetizer for Poultry, Turkeys, Ducks and Geese
*?*    *    Spear Tonic peps birds up after worming, builds appetite and vitality
*?*   *   will aid in assimilation of the food   *   *   *   An Effective Tonic,
Appetizer and Conditioner."
Spear Quit-Pick. Misbranding, Section 502 (e) (2), the article was fabri-
cated from two or more ingredients, and its label failed to bear the common or
usual name of each active ingredient.
DISPOSITION : July 7,1948. The sole intervener haying consented to the entry of
a decree, judgment of condemnation was entered and the products were ordered
destroyed.
DRUG ACTIONABLE BECAUSE OF DECEPTIVE PACKAGING