G764. Misbranding of B. A. Thomas' Improved Hog Powder and Hog Rem??
edy, U. S. * * * v. 63 2-Pound Packages and 5 15-Ponnd Pails?
of B. A. Thomas' Improved Hog Powder and 21 5-Pound Bags of?
B. A. Thomas' Improved Hog Remedy. Consent decree of condem??
nation and forfeit-lire. Px-odnct ordered released on bond. (F. & D.?
No. 9139.    I.  S. No. 12046-p.    S. No. C-927.)
On July 12, 1918, the United States attorney for the Eastern District of?
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel, and on August?
26, 1918, an amended libel, praying the seizure and condemnation of 63?
2-pound packages and 5 15-pound pails of B. A. Thomas' Improved Hog?
Powder, and 21 5-pound bags of B. A. Thomas' Improved Hog Remedy, remain??
ing unsold in the original unbroken packages at Houma, La., alleging that the?
articles had been shipped on or about April 18, 1918, by the Old Kentucky?
Mfg. Co., Paducah, Ky., and transported from the State of Kentucky into the?
State of Louisiana, and charging misbranding in violation of the Food and?
Drugs Act, as amended.    The articles were labeled in part:
HOG   POWDEll.
(On packages) " B. A. Thomas' Improved Hog Powder * * *_ is a safe?
and effective remedy for diseases of hogs * * * Is a preventive remedy?
for cholera and swine plague * * * It was during a general epidemic?
of hog cholera in his county which had spread to his own herd and he first?
used this remedy with such splendid effect that he did not lose a single hog,?
although a number were past eating and were apparently in a hopeless?
condition * * * Proving so successful in his case he continued the iise?
of it as a remedy for cholera, swine plague * * * During the years that?
have followed it has been subjected to the most severe tests in some of the?
worst epidemics of hog cholera ever known and wherever used as directed it?
has proved as equally successful as Mr. Thomas' first experience with it."
(On pails) " B. A. Thomas' Improved Hog'Powder * * * To use this?
remedy as a preventive for cholera * * * Aside from the medicinal?
properties of this remedy for such diseases as Cholera, Swine Plague   *    *   *."
HOG REMEDY.
(On bags) " B. A. Thomas' Improved Hog Remedy * * * Effective rem??
edy for hog diseases * * * protects from disease by removing the cause?
*    #    *"
(On booklet) "B. A. Thomas' Improved Hog Powder a safe remedy and pre??
ventive for contagious germ diseases such as cholera, swine plague * * *.?
If used as directed we positively guarantee one pound of B. A. Thomas' Im??
proved Hog Powder to cure any one case of hog cholera or we will refund?
your money    *    *    *."
Analyses of samples by the Bureau of Chemistry of this department showed?
that the articles consisted of iron oxid, lime, and sulphates, carbonates, and?
chlorids of calcium, magnesium, and sodium.
Misbranding of the articles was alleged in the libel for the reason that the?
statements borne on the labels of the packages, pails, and bags, and in the book??
let accompanying the article, were false and fraudulent in that the product?
contained no ingredient or combination of ingredients capable of producing?
the curative and therapeutic effects claimed for it in the labels and booklet.
On April 23, 1919, the said Old Kentucky Mfg. Co., claimant, having con??
sented to a decree, judgment of condemnation and forfeiture was entered, and?
it was ordered by the court that the product should be released to said claimant?
upon the payment of the costs of the proceedings and the execution of a bond?
in the sum of $100, in conformity with section 10 of the act.
J. R. RIGGS, Acting Secretary of Agriculture.?
167506??20?2
278	
BUEEATI  OF   CHEMISTRY.	
[Supplement 66,