16273. Misbranding of BIood-Tonifc. IT. S. v. 70 Pounds, et al., of Blood. 
Tonik. Default decree of condemnation, forfeiture, and destruc- 
tion. (P. & D. Nos. 23265, 23266. I. S. Nos. 05321, 05322. S. Nos. 1355 
1356.)
On December 26, 1928, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying seizure and 
condemnation of 168 pounds of Blood-Tonik at Chicago, III., alleging that the 
article had been shipped by the Dr. David Roberts Veterinary Co., from Wau- 
kesha, Wis., in part October 20,1928, and in part November 22, 1928, and trans- 
ported from the State of Wisconsin into the State of Illinois, and charging 
misbranding in violation of the food and drugs act as amended.
Analysis of a sample of the article by this department showed that it con- 
sisted essentially of sodium chloride (14.5 per cent), magnesium sulphate (9.56 
per cent), calcium carbonate (14.7 per cent), phosphates, borax, phenols, sul- 
phur, anise and other plant material, bran, and starch.
It was alleged in substance in the libels that the article was misbranded in 
that the following statements regarding its curative or therapeutic effects, borne 
on the package and label, " How to know Blood Diseases in Your Herd. It is 
perfectly natural for every healthy cow or heifer to conceive when bred. If she 
fails after breeding once, twice, or three times you will know that she is not in i 
a healthy condition. It is also natural for every healthy cow or heifer to carry* 
her calf full time and expel the afterbirth within a few hours after freshening. | 
A cow may carry her calf full time. The calf may be alive and appear to be ^ 
healthy, but if the glands of the throat are enlarged or swollen, yoa will know i 
that the calf is afflicted with goiter. An abnormal looseness of the bowels in I 
calves, commonly known as scours or diarrhea, is usiially due to indigestion. < 
Without any apparent cause there may be a falling off of the milk production I 
even though the usual care and feed are given a herd. This shortage of milk is 1 
one of the usual results of the presence of low vitality of the herd. It is at this J 
time that nature requires assistance. Blood-Tonik is prepared for this purpose.
J 
If your herd is afflicted with any of the above ailments or diseases they are not 
doing their best * * *. Blood-Tonik * * * Dr. David Roberts Blood- 
Tonik contains drugs known to be useful in treating the blood and ailments of 
the genital organs and is especially recommended for cows, but can be fed to] 
mares in same size dose, and to ewes and sows in one-half size dose," were false \ 
and fraudulent in that the said statements were applied to the article knowingly J 
and in reckless and wanton disregard of their truth or falsity, so as to represent | 
falsely and fraudulently to the purchasers thereof and create in the minds of | 
such purchasers the impression and belief that the article was in whole or in J 
part composed of or contained ingredients or medicinal agents effective as a J 
remedy for the diseases, ailments, and afflictions mentioned therein.
On March 13, 1929, the two cases having been consolidated into one cause of 
action and no claimant having appeared for the property, judgment of condem- 
nation and forfeiture was entered, and it was ordered by the court that tbe 
product be destroyed by the United States marshal.
ARTHTJK M. HTDE, Secretary of Agriculture.