11132. Misbranding of Nonpareil food for hogs and Nonpareil food for?
stock. U. S. v. 53 Boxes of Nonpareil Food for Hogs, et al. De??
fault decrees of condemnation, forfeiture, and destruction.     (F. &
D.   Nos.   15286,   15287,   15288,   15290,   15302,   15308,   15309,   15310.    S.   Nos.?
E-3509, R-3510, E-3511, B-3512, E^-3528, B-3531, B-3533, B-3534.)
On August 1, 2, and 5, 1921, respectively, the United States attorney for the?
Middle District of Pennsylvania, acting upon reports by the Secretary of Agri??
culture, filed in the District Court of the United States for said district libels?
for the seizure and condemnation of 198 boxes and 12 cartons of Nonpareil?
food for hogs and 61 boxes of Nonpareil food for stock, remaining in the?
original unbroken packages in various lots at Thomasville, Zollinger, Windsor,?
Dallastown, York, Hanover, and Waynesboro, Pa., respectively, alleging that?
the articles had been shipped by E. T. Bready, Frederick, Md., between the dates?
of August 2, 1920, and June 17, 1921, and transported from the State of Mary??
land into the State of Pennsylvania, and charging misbranding in violation of?
the Food and Drugs Act, as amended.
Analyses of samples of the articles by the Bureau of Chemistry of this?
department showed that the food for hogs consisted essentially of wheat?
middlings, salt, charcoal, sulphur, red pepper, and a bitter drug such as gentian;?
and that the food for stock consisted essentially of ground wheat products,?
including a large amount of bran, approximately 12 per cent of salt, approxi??
mately 1 per cent of sulphur, charcoal, a bitter drug such as gentian, and an?
aromatic substance such as anise or fennel.
Misbranding of the articles was alleged in substance in the libels for the?
reason that the following statements appearing on the boxes containing the?
food for hogs, " *    *    *   prepared from purely vegetable ingredients, which
*?* * so thoroughly strengthen the entire system that the Hog Cholera?
microbe cannot find lodgment and will be thrown off without any harm to the?
animal. * * * Hog Cholera, * * * the proper way is to invigorate?
the system by purely vegetable remedies, so that the microbe cannot find a?
lodging place in the system from which to do its deadly work. * * * ' Non??
pareil Hog Food' will cure these milder forms, and, used as directed, will?
prevent Hog Cholera * * * (One tablespoonful with slop for three hogs?
will prevent nearly all swine diseases.) * * * A Specially Prepared Food?
which is a sure preventive of Cholera, * * * it will prevent hog cholera if?
fed regularly," the following statements appearing on the boxes containing a?
portion of the food for stock, " It will prevent and cure disease in all domestic?
animals    *    *    *    Cows fed  on this  Food will  give    *    *    *    Richer  Milk
*?*    *    Preventing Foot and Mouth Diseases, Cholera, etc.    *    *    *   Calves
*?* * keeps them free from scour * * * Horses * * * For Epi??
zootic * * * Kidney or Liver Trouble * *. * Influenza * * *?
Cows    *    *    *   Will increase the    *    *    *    richness of milk    *    *    *    Cattle
*?* * Prevents disease * * * Colts * * * Prevents mange * * *?
Calves * * * Prevents skin disease, scour, etc. * * * For Colic," and?
the following statements appearing in a circular accompanying the remainder?
of the said food for stock, " Horses * * * For Epizootic * * * Kid??
ney or Liver Trouble * * * Influenza * * * Cows * * * Will in??
crease * -* * richness of milk * * * Cattle * * * Prevents dis??
ease * * * Colts * * * Prevents mange * * * Calves * * *?
Prevents skin disease, scours, etc. * * * For Colic," regarding the cura??
tive and therapeutic effects of the respective articles, were false and fraudu??
lent, since the said articles contained no ingredients or combinations of in??
gredients capable of producing the effects claimed. Misbranding was alleged?
for the further reason that the following statements appearing on the label?
of the said food for hogs, to wit, " This Food is prepared from Herbs, Seeds?
and Roots, * * * It is prepared from purely vegetable ingredients * * *?
All  the   ingredients  composing   this  Food   are   *    *    *    Herbs,   See4s   and
74	
BUREAU  OF  CHEMISTRY.	
[Supplement 153,
Roots. * * * It contains no Mineral whatever except salt," and the state??
ment appearing on the label on a portion of the boxes containing the said?
food for hogs and in a circular inclosed therein, to wit, " One tablesponful?
with slop for three hogs will prevent nearly all swine diseases," were false?
and misleading.
On July 6, 1922, no claimant having appeared for the property, judgments?
of condemnation and forfeiture were entered, and it was ordered by the?
court that the products be destroyed by the United States marshal.
C. W. PUGSLEY, Actmg Secretary of Agriculture.