18697. Misbranding Of McConnon's  poultry  compound.    U.   S.  v.  61  Dozen
Packages   of   McConnon's   Poultry   Compound.    Decree    of   con- 
demnation  and  forfeiture.    Product  released under  bond.     (F.  &
D. No. 26345.    I. S. No. 26511.    S. No. 4672.)
The labeling of the drug product McConnon's poultry compound bore state- 
ments representing that the article possessed curative and therapeutic proper- 
ties, which examination showed it did not possess.
On May 9, 1931, the United States attorney for the Western District of Ten- 
nessee, 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 51 dozen packages of the said McConnon's poultry compound 
at Memphis, Tenn., alleging that the article had been shipped by McConnon & 
Coi, from Winona, Minn., on or about March 28, 1931, and had been transported 
from the State of Minnesota into the State of Tennessee, and charging mis- 
branding 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 powdered limestone, iron oxide, charcoal, and ground plant 
material including anise and capsicum.
It was alleged in the libel that the article was misbranded in that the follow- 
ing statements on the package label, " To Make Hens Lay * * * Assists in 
* * * Egg Production," were false and misleading, since the said statements 
represented that the article contained ingredients or a combination of ingredi- 
ents capable of producing the effects claimed, whereas it did not. Misbranding 
was alleged for the further reason that the following statements regarding the 
curative and therapeutic effects of the article, appearing on the package label, 
were false and fraudulent, since it contained no ingredient or combination of 
ingredients capable of producing the effects claimed: " To ward off disease in 
Poultry and Build up Fowls that are run down and white combed * * * 
and in keeping Poultry Healthy."
On September 2, 1931, McConnon & Co., Winona, Minn., having appeared as 
claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the said claimant upon payment of 
costs and the execution of a bond in the sum of $500, conditioned in part that 
it be relabeled under the supervision of this department, and should not be 
sold or otherwise disposed of contrary to the Federal food and drugs act, and 
other existing laws.
ABTHUB M. HYDE, Secretary of Agriculture.