29020. Misbranding of  Spobn's  Udder-Aid.    XI.  S.  v.  35  Cans  and 251  Cans  of
Spobn's Udder-Ald.    Default decree of condemnation and destruction.
(F. & D. Nos. 41824, 41825.    Sample Nos. 8295-D, 8297-D.)
The labeling of this product bore false and fraudulent curative and therapeutic 
claims.
On March 2, 1938, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 286 cans of Spohn's Udder- 
Aid at Chicago, Ill.; alleging that the article had been shipped in interstate com- 
merce on or about November 8 and 26, 1937, and January 29, 1938, from Goshen, 
Ind., by the Spohn Medical Co.; and charging misbranding in violation of the 
Food and Drugs Act as amended.
Analysis of the article showed that it consisted essentially of petrolatum, a 
fatty oil, oil of eucalyptus, and alum.
The article was alleged to be misbranded in that the following statements 
appearing in the labeling falsely and fraudulently represented its curative and 
therapeutic effects since it contained no ingredient or combination of ingredients 
capable of producing the effects claimed: "Contains Vitamin D ('The Sunshine 
Vitamin'), an aid in the treatment of minor wounds, cuts, scratches and burns. 
A healing aid for collar sores and harness galls. * * * Aids Healing For 
use in treatment of non-contagious garget (mastitis) ; caked, swollen, irritated, 
painful udders; * * * also for similar conditions following calving.or high 
feeding.    *    *    *   affected quarters   *    *    *   to hasten relief."
On May 24, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.