16507. Misbranding.- of Cow Tone. U. S. v. 8 Small Cans, et al., of Cow Tonle^V Default decree of condemnation, forfeiture, and destrtictitfift. si (F. & D. No. 23536. I. S. No. 02731. S. No. 1703.) } ?-; On March 19, 1929, the United States attorney for the Western District kfi New York, acting upon a report by the Secretary of Agriculture, filed in'igS'jj District Court of the United States for said district a libel praying seizu|p^ and condemnation of 8 small cans, eight 25-pound boxes containing small caiis;^ 2% dozen large cans, and eight 50-pound boxes containing large cans of Caiv^ Tone at North Collins, N. Y., consigned by Our Husbands Manufacturing CosS \>- 395' -Ml % Pfu L ILyndonville, Vt., alleging that the article had been shipped from Lyndonville, ' 4. f 'Y,t, in part April 14, 1928, and in part January 5, 1929, and transported from t \ |'the State of Vermont into the State of New York, and charging mibbranding CJ\ I in violation of the food and drugs act as amended. t I Analysis of a sample of the article by this department showed that it con- lj ]: Isisted essentially of sodium chloride (49 per cent), magnesium sulphate (45 per ll lucent), sodium thiosulphate (5 per cent), potassium nitrate (1 per cent), and l |small amounts of nux vomica and fenugreek. ^ \ \\ I It was alleged in the libel that the article was misbranded in that the following { (!| /statements appearing in the labeling (small and large cans) " Cow Tone the < '; JjMilk Producer. * - * Great Milk Pioducer * *? * Increases the milk f* * * Cow Tone, make them rugged, increase their milk production *? * *- [GOW Tone furnishes * " * milk producing qualities available to them l ' iptherwise only when they are on green feed. * * * milk producing cow is ' , fyour profit. Cow Tone is a milk producer. We guarantee that Cow Tone is I ; fnot adulterated or misbranded in accordance with the meaning of the Federal j [Food and Drug Act," (booklet, packed with 50-pound box) "Cow-Tone Milk I >> ^Producer and Profit Maker - * * Don't Expect Them When ' Off Feed' or 'Out of Condition' to Even Pay Their Keep. Put Them In The Pmk of Con- edition. Make Them Rugged and Thrifty. * "?? * Cow Tone will increase the flow of milk at any time * * * If you have any cows that are not ; producing as much as you think they should for the amount of feed they are .getting, do not be too hasty in trading them off at a loss, Give them Cow r-Tone and notice the difference. You will find that they will look better, feel ? better, freshen stronger and in better shape, and produce the extra milk that j-means profit to the owner. * " * have been brought to their present pink !6f condition through the use of Cow Tone. * * * obtains a maximum pro- eduction of milk from his cows through the use of Cow Tone. Cow Tone, the "Great Milk Producer," were false and misleading. Misbranding was alleged for the further reason that the following statements regarding the curative 'and therapeutic effects of the article, (label of small and large cans) "Tends rto keep your cows healthy and rugged. * * * Tends to make your cows fit ?* * *' and to ward off diseases to which all cows are liable. * * ^ has | ): Ibeen used by dairymen throughout the country in keeping their cows well. < * ;* * * Healthy," (booklet, packed with 50-pound box) " Give Them Vigor and f Resistance to Disease And You Get Your Real Returns In Abundance of Milk. < pThere Is No Profit In The Ailing, Unthrifty Cow. She Is A ' Boarder ' Only- ; iWho Does Not Pay Her Board. She Needs An Appetizer And Regulator To 1 pPut Her In Shape To Resist Disease And Become A Milk Producer and Profit 1' fdaker For You. * ?"? * Cow Tone is the most successful of all preparations 5 gm the market for the treatment of cow disorders. * * * When a table- ' Spoonful of this powder is carefully and thoroughly mixed in the grain it Reaches the cows' stomachs and dissolves at just the right time and in just the fright quantity to start the processes of digestion and gently assist elimination. EAs a tonic or regulator cows do not need more than a tablespoonful twice a pay. Thin, impoverished cows, those off feed, and those diseased and in bad j|hape, should be given more until they are again in prime condition. * * * |a powder that contains the elements that every cow needs to digest and assimilate her feed, and carry oil' waste naturally, without dosing, and are i lionfidaiit that Cow Tone will keep cows ?" * * Cow troubles * * * fin Winter a tablespoonful of Cow Tone, twice a day, will not only increase the ' i glow of milk, but will correct derangements that if neglected cause trouble. g * * Contagious Abortion * * * A cow who has once been affected is ^thereafter usually immune from further attacks, but the ravages of the disease j , leave her weakened and run down, and it is only through convalescence and * ' fa final return to health and vigor after the disease has ' worn itself out' that ' tie cow can again become profitable. During this period Cow Tone should be fgiven regularly in accordance with directions. Thereby a better appetite will be induced, the vitality of the cow markedly improved and vigorous ^health |estored. Such vigor and health are the necessary foundation of the dairy- sen's prosperity. A listless, debilitated, sick or ailing cow gives but little kx\k and constitutes continuing loss of profits for its owner. * y * We i , Jater To Cow Health * * * Successful dairying calls for the use of safe, | fell tried, efficient remedies to prevent the losses caused by cows that are out J j l|>eondition. There is need of something that will tone up the fading cow- 1 i jd increase her milk production," (leaflet, packed with 50-pound box) " O. H. j ow Tone is recommended to increase the productiveness of the cow, improve- / i the appetite and act as a general tonic on the digestive and reproductive A organs. * * * As a Preventive of milk fever and Retained Afterbirth. \ * * * We Recommend 0. H. Cow Tone, as a constitutional disinfectant and i germicide. If you want clean, healthy milk, you must keep the inside as well ; as the outside of, your cows clean," were false and fraudulent in that the article ( contained no ingredient or combination of ingredients capable of producing the effects claimed. \ On June 26, 1929, no claimant having appeared for the property, judgment ; -of condemnation and forfeiture was entered, and it was ordered by the court \ that the product be destroyed by the United States marshal. ABTHTOB M. HTDB, Beoretary of Agriculture. "