16852. Misbranding of   Cow  Tone.     IT.   S.   v.   71   Small   Cans,   et   al.,   of   Cow 
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Tone.    ? Default decree of condemnation, forfeitui'e, and desti-uc- 
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tion.    (F. & D>. No. 23674.    I. S. Nos. 09210. 09211.    S. No. 1913.) 
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On May 1, 1929, the United States attorney for the Eastern District of Wis- 
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cousin, acting upon a report by the Secretary of Agriculture, filed in the District 
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Court of the United States for said district a libel praying seizure and condem- 
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nation of 71 small cans and 17 large cans of Cow Tone, remaining in the origi- 
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nal unbroken packages at Milwaukee, Wis., alleging that the article had been 
shipped by Our Husbands Manufacturing Co., Lyndon, Vt., on or about Febru- 
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ary 18, 1929, and transported from the State of Vermont into the State of 
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Wisconsin, and charging misbranding in violation of the food and drugs act 
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as amended. 
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sisted essentially of sodium chloride (49 per cent), magnesium sulphate (45 
per cent), sodium thiosulphate (5 per cent), potassium nitrate (1 per cent), 
and small amounts of nux vomica and fenugreek.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements were false and misleading: (Labeling of small cans) "Milk 1 
Producer * =" * The Great Milk Producer * * * Help your cows to J 
increase the flow of milk by feeding them O-H Cow Tone, a wonderful milk 1 
producer, * * * A tablespoonful twice a day mixed in grain will appre- j 
ciably increase the flow of milk,'" (labeling of large cans) "Cow Tone the j 
Milk Producer * * * The
' Great Milk Producer * * * Help your cows ^ 
to increase their flow of milk, by feeding them Cow Tone, the wonderful milk j. 
producer, * * * The undersigned guarantees that CoW Tone is not adul- ] 
terated or misbranded within the meaning of the Federal Food and Drugs I 
Act. -i * * A tablespoonful twice a day mixed in grain will appreciably l 
increase the flow of milk." Misbranding was alleged for the further reason i 
that the following statements regarding the curative and therapeutic effects j 
of the article, (labeling of small cans) "Will Keep Your Cows Healthy and | 
Rugged + * "? build up the cow and keep her in prime condition. Con- | 
tinue until you are satisfied that the health of your herd is established and 1 
their maximum milk production is being maintained. Individual eases require j 
longer continued treatment. In cases of contagious abortion separate the | 
cows, * H * continue the treatment as above * * * until all signs have *| 
disappeared. * * -1 methods of treatment of cattle. * * * Through its J 
use   abortion   and   retained   afterbirth   are   prevented,   barrenness   avoided.      |
* * * other cow disorders eliminated. * * * In the healthy, milk pro- J 
ducing cow is your profit," (labeling of large cans) "Cow Tone * * * 
Tends To Keep Your Cows Healthy and Rugged * * * Builds up and makes 
your cows fit and puts them in prime condition whereby they are free from 
disease and their milk flow is remarkably increased. Be fair with them, feed 
them Cow Tone, keep them rugged and healthy and so ward off diseases to 
which all cows are liable. *? * * In the healthy, milk producing cow is your 
profit. * * * build up the cow and keep her in prime condition. Continue 
until you are satisfied that the health of your herd is established and their 
maximum milk production is being maintained. Some cases require longer con- 
tinued treatment.    Give your cows  Cow  Tone,  the regulator  and  appetizer
* * * used by dairymen throughout the country in keeping their herds well 
and productive of profits. * * * methods of treatment of cattle," were 
false and fraudulent in that the article contained no ingredient or combination 
of ingredients capable of producing the effects claimed.
On June 21, 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.
ARTHUR M. HTDE, Secretary of Agriculture.