19071. Adulteration and misbranding of Hog Mineral and Cattle Mineral.   U. S.
v. 336 Bags, etc.    (F. D. C. No. 31709.    Sample Nos. 3466-L, 3469-L.)
LIBEL FILED :   September 14, 1951, Eastern District of Virginia.
ALLEGED SHIPMENT : On or about October 10, 1950, and April 4, 1951, by H. C. 
Whitmer Co., Inc., from Columbus, Ind.
PRODUCT: 336 50-pound bags of Hog Mineral and 232 50-pound bags of Cat- 
tle Mineral at Suffolk, Va., together with accompanying labeling consisting of 
various issues of circulars entitled "Whitmer Pep," which had been received 
by the consignee on various dates via the U. S. Mail.
251651—53 2
Analyses showed that the products supplied the constituents mentioned on 
the tags, except that the Hog Mineral supplied only 2.53 percent of phosphorus 
and the Cattle Mineral supplied only 4.1 percent of phosphorus.
LABEL, IN PART: (Tags) "Hog Mineral Guaranteed Analysis Calcium (Ca), 
not less than 23.0% [or "Cattle Mineral * * * not less than 25.5%"] Phos- 
phorus (P), not less than 5.0% Salt (Natl), not more than 10.0% Iodine 
(I), not less than 0.017%."
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, 
phosphorus, had been in part omitted or abstracted from the articles.
Misbranding, Section 403 (a), the following statements appearing in the 
accompanying labeling were false and misleading: (Tag) "Phosphorus (P), 
not less than 5.0%" and (July 27, 1950, issue of "Whitmer Pep") "to get top 
prices for their cattle and hogs, * * * they can do this by feeding Whitmer's 
Minerals * * * get them to the market with a minimum amount of feed in 
as short a time as possible * * * help * * * realize this ambition * * * put 
better livestock on the market quicker by feeding Whitmer's Minerals." The 
articles contained less than five percent of phosphorus, and they were not 
capable of fulfilling the promises of benefit made for them.
The libel also included various drugs which were adulterated and/or mis- 
branded under the provisions of the law applicable to drugs, as reported in 
notices of judgment on drugs and devices, No. 3878. 
DISPOSITION: April 18, 1952. Kobert Elliot Parker, Suffolk, Va., claimant, 
having admitted the allegations of the libel and consented to the entry of a 
decree, judgment of condemnation was entered and the court ordered that the 
products be released under bond, conditioned that they be brought into com- 
pliance with the law, under the supervision of the Food and Drug Adminis- 
tration.   The products were relabeled.
FISH AND SHELLFISH