20567. Adulteration and Misbranding of Vi-Te-Ma poultry compound and Vi-Te-Ma stock compound. U.S. v. 46 Packages of Vi-Te-Ma Poultry Compound and 46 Packages of Vi-Te-Ma Stock Compound. Default decree of condemnation, forfeiture, and destruction. (F. & D. nos. 29308, 29309. Sample nos. 20576-A, 20577-A.) This action involved the interstate shipment of quantities of drug prepara- tions described as poultry and stock compounds. It was claimed for the articles in the labeling that they contained yeast and cod-liver oil and would increase egg production and assist the growth and fattening of livestock. Examination showed that the articles contained no yeast nor cod-liver oil; that the poultry- compound would not insure production of eggs; and that the stock compound would not aid growth and fattening of livestock. The labels of the articles also bore unwarranted curative and therapeutic claims. On November 23. 1932, the United States attorney for the Northern District of New York, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for the district aforesaid a libel praying seizure and condemnation of 46 packages of Vi-Te-Ma poultry compound and 46 packages of Vi-Te-Ma stock compound at Averill Park, N.Y., alleging that the articles had been shipped in interstate commerce on or about August 17, 1932, by the Vi-Te-Ma Products Co.. from Fostoria, Ohio, to Averill Park, N.Y., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. Analyses of samples of the articles by this Department showed that the poultry compound consisted essentially of calcium carbonate, Epsom salt, small proportions of an iron compound and sulphur, and traces of potassium iodide, quassia, and nux vomica; no yeast nor cod-liver oil was found; and that the stock compound consisted essentially of calcium carbonate, Epsom salt, small proportions of an iron compound, fenugreek, and sulphur, and traces of potas- sium iodide, quassia, and nux vomica; no yeast nor cod-liver oil was found. It was alleged in the libel that the articles were adulterated in that they fell below the professed standard under which they were sold, since the cartons bore the statement, " Yeast, Cod Liver Oil ", whereas analyses showed that they contained no yeast nor cod-liver oil. Misbranding was alleged for the reason that the following statements appear- ing on the respective cartons were false and misleading: (Both) "Yeast, Cod Liver Oil"; (poultry compound) "For Production of Eggs:—Give a table- spoonful well mixed with ground feed or mash twice a week for every twelve fowls"; (stock compound) "For growing and fattening live stock as well as Assists in increasing production." Misbranding was alleged for the further rea- son that the following statements regarding the curative or therapeutic effects of the articles were false and fraudulent, since the articles contained no in- gredients or combinations of ingredients capable of producing the effects claimed: (Poultry compound, carton) "For Sick Fowls:—Separate the sick fowls from those not already affected and give one tablespoonful daily for every ten fowls "; (certificate accompanying stock compound) " I hereby agree to use Vi-Te-Ma Compound according to directions printed on package, to justify the free use of a veterinary surgeon for diseases contracted after one month of consecutive feeding." On January 16,1933, 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. R. G. TPGWWTJ,, Acting Secretary of Agriculture.