Notices of judgment under the insecticide act

MISSING IMAGE

Material Information

Title:
Notices of judgment under the insecticide act
Physical Description:
v. : ; 23 cm.
Language:
English
Creator:
United States -- Insecticide and Fungicide Board
United States -- Food, Drug, and Insecticide Administration
United States -- Food and Drug Administration
United States -- Agricultural Marketing Service
United States -- Agricultural Marketing Administration
United States -- War Food Administration. -- Office of Distribution
United States -- Office of Marketing and Services
United States -- Dept. of Agriculture. -- Production and Marketing Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington, D.C
Publication Date:
Frequency:
irregular
completely irregular

Subjects

Subjects / Keywords:
Insecticides -- Periodicals   ( lcsh )
Genre:
serial   ( sobekcm )
federal government publication   ( marcgt )

Notes

Dates or Sequential Designation:
Began with no. 73.
Dates or Sequential Designation:
-2041/2066 (Jan. 1951).
Numbering Peculiarities:
Some nos. issued together.
Issuing Body:
Issued by: no. 73-1100, U.S. Insecticide and Fungicide Board; no. 1101/1125-1166/1175, Food, Drug and Insecticide Administration; 1176/1190-1731/1745, Food and Drug Administration; 1746/1762-1790/1800, Agricultural Marketing Service; 1801/1811-1812/1825, Agricultural Marketing Administration; 1826/1840-1885, Food Distribution Administration; 1886/1895-1896/1910, War Food Administration, Office of Distribution; 1911/1925, War Food Administration, Office of Marketing Services; 1926/1949-2041/2066, Production and Marketing Administration.
General Note:
Description based on: 1101/1125 (Dec. 1928); title from caption.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004700296
oclc - 13957905
lccn - sn 86034178
Classification:
ddc - 632.951 U61
System ID:
AA00008549:00034

Related Items

Preceded by:
Notice of insecticide act judgment

Full Text

7


3Z5S


N. J., I. F. 1746-1762


Issued Novemier 1940


United


States


Department


Agriculture


AGRICULTURAL MARKETING SERVICE'


NOTICES


JUDGMENT


UNDER


THE


INSECTICIDE


ACT


[Given pursuant to section 4 of the Insecticide Act


1746-i 76i2


(Approved by the
Ira. M]brNndin
..: :.. .._.- o f ]
:. .:straetion
- Thhe quart-camns
he labeling also
.On-4ugust 14,
Penmiayvania, ac
dit;i court a
88 do en pint nca
alleing itha t the
March 2%, 1939. l
charging misbran
".The article conu
the statement, "<
the s(ifd stateme
chasers, since e t
The article conta
the statements, "


Acting Secretary of


Agriculture,


Walhingtou,


DC., C.lctuber


104"]


ig of D-Stroy. U. S. v. 3i Dozen Pint Cans and 12 Dozen Quart
D-Stroy. Default decree of condemnation, forfeiture, and de-


. (I. & F. No. 2152. SampleI No. 6740<-D.I
were found to coutnin less than 1 quart each of this product.
bore false efficacy claims.
1939, the United States attorney for the Middle District of
.* -


ring upon a report
libel praying seiz
ns and 12 dozen ,
article had been


Sthe
ling il
gained


II
I-


tIM?
I and
rI cti
1)I)e(I


Ultra Chemincal W%
Violation of the Ii


ii]


e quart,
the art
of the q
ed in nl
Stroy T


secretaryy ot Agriculture,
conilemnation at Scranut
ins of i\\ article known
iu interstate commerce (
wrks, UInc., from Paterson,
insecticide Act of 1910.


til
:on
as
)nU
N


ed in the
, Pa., of
D-Stro.v,
or about
. J., ani


the quart cans was alleged to be misbranded in that
" was false in dl misleading, antid that by reason of
icle was labeled so as to deceive and mislead ptr-
inart eanis ,lid contl;ain les-i than 1 iluart of the article.
I of the ecns was alleged to be mnishranded in that
he Arch Foe of Insect Life : Flies *


ur nIhtil room is filled with minst; keep rolmn closed for t-n to fiftwei
.in .[ Will work more effectively if windows and doors are closed. BED
.BCl0 : The beds have to be taken alart and all cracks or places where the
*bu l y,4 be hidden in the frame have to he thoroughly sprayed, using D-STROY
g. ihy. ROACHES and ANTS: Spray D-STROY into all cracks where
i ..mtay hide. Even if the insects escape to hiding p1)laces, they will soon
die.' FLEAS: Spray cracks in floor hoards and all other possible
htiLplaces," borne on the labels, were false and misleading, and that by
r 6 'of the said statements the article was labeled so as to deceive and
sAi ..,purhebasers, since it would not be effective against all insect life, and,
3W w.ed as directed, it would not control fleas and would not he an effective
itflof bed bugs, roaches, ants, and fleas.
,Aj.rild4, 1940, no claimant having appeared, a decree of condemnation
teiture was entered and it was ordered that the product he destroyed.
iji..".:= PAUL H. APPLERY,
S.i. Acting Secretary of Agriculture.






484

of doctors' or nurses' 1
on the label.
On February 2, 1940,


INSECTICIDE


ACT


Lands or for washing surgical instruments, ai
the United States attorney for the Middle D


[N. J., I. r.
s *.. ^ ;



higtrlet 7t


Tennessee, acting upon a report by the Secretary of Agriculture, filed in the
district court a libel against eight 30-gallon drums of Germotox at Nashvill6
Tenn., on February 5, 1940, the libel was amended to cover fourteen 30-gallao
drums, two 20-gallon drums, and two 60-gallon drums of the product It wee
alleged in the libel as amended that the article had been shipped in interatae
commerce on or about November 28, 1939, by the Pioneer Mamnfactting ,
from Cleveland, Ohio, and that it was a misbranded fungicide with the
meaning of the Insecticide Act of 1910.
The article was alleged to be misbranded in that the-statements TA". A
Phenol Coefficient 5.5 Disinfectant Air Washing Common Colds, Gnpa
Influenza, Children's Diseases, etc. necessitate precaution. Spray full strength
GermotoX until air in room is saturated. Deodorizer Air Purifier
* Spray the air with a good air compression hand sprayer or diffusing
machine, using full strength GermotoX, Germicide. Antiseptic, *
Excellent for washing doctor's or nurse's hands, Surgical "
* ," borne on the labels, were false and misleading, and by reason
thereof the article was labeled so as to deceive and mislead purchasers, since
the article did not possess a phenol coefficient of 5.5, when tested according
to the F. D. A. method, but did possess a phenol coefficient of less than 15
namely, not more than 0.2; the article would not act as a disinfectant t t
used as directed, it would not disinfect or purify the air, and it would o
be effective in preventing the spread of common colds, grippe, influeni,
children's diseases, etc; and the article would not act as a germiide
antiseptic, when used for washing doctors' or nurses' hands and rg
instruments.
On April 12, 1940, the Pioneer Manufacturing Company, Cleveland, Oho
having appeared as claimant and having admitted the facts set forth Il the
libel, and having consented to the entry of a decree of condemnation, jug
of condemnation and forfeiture was entered and it was ordered tha the
product be released to the claimant, under bond, for relabeling in acordan
with the intent of the Insecticide Act of 1910.


Acting


PAUL H. AHnrar,
Secretary of Agraikm.


3748.


Sam
water


Misbranding of Sodium Silieo Fluoride. U. S. v. 20
Silico Fluoride. Consent decree of condemnation.
under bond for reconditioning or relabeling. (I. &
Nos. 64235-D, 64245-fD.)
Lples of this product were found to consist of sodium
in varying amounts, the water content probably I


Barrels of SoilS
Product eleae
F. No. 2174. a
Is~lJ-wX Suo$l~t 2U
being the


b
damage while in transit. The labels or containers failed to bear the inginfl
statements required by law.
On March 18, 1940, the United States 'attorney for the Western District
Washington, acting upon a report by the Secretary of Agriculture, Stal
the district court a libel praying seizure and condemnation of 20 barre a
os dium silicon anoride, at Seattle, Wash., alleging that the article h A


of


shipped in interstate commerce on or about December 11, 199, 2ti&I,
Dupont DeNemours, Inc., from New York, N. Y., and charging that it ws
a misbranded insecticide within the meaning of the Insecticide Act ofl
The article was alleged to be misbranded in that it consisted partially of
inert substances, namely, substances other than sodium silicon fluoride, ad.






1746-1762]


NOTICES


OF JUDGMENT


485


for use as laundry sour only. The product was reconditioned by
was relabeled "Sodium Silico Fluoride (Fluosilicate) Active
Sodium Silico Fluoride 97% Inert 3%."


Acting


drying and
Ingredients:


PAUL H. APPLEBY,
Secretary of Agriculture.


49. Adulteration and nilsbranding of Krystyl-Kleer.
Krystyl-Kleer. Default decree of condemnation,
struction. (I. & F. No. 2178. Sample No. 81150-D.)


U. S. v. 21
forfeiture,


Cans
and


Sample
amount
calcium
and thai
mended.
On Mi


e packages of this product were found to contain less than the stated
of the article. It was also found that the article contained less
hypochlorite and less available chlorine than were stated on the label,
Sit would not act as an effective disinfectant in the dilution recom-


ireb


29, 1940, the


United States attorney


for the W


*


New York, acting upon a report by the Secretary of Agricul
district court a libel praying seizure and condemnation of 21
Kleer, at Buffalo, N. Y., alleging that the article had been shij
commerce on or about December 26, 1939, by the Consumers
Lancaster, Pa., and charging that it was an adulterated and r


stern District of
ture, filed in the
cans of Krystyl-
pped in interstate
Supply Co., from
nisbranded fungi-


eide within the meaning of the Insecticide Act of 1910.
The article was alleged to be adulterated in that its strength and purity fell


below the prol
contained calc
contained avai
The article
Hypochlorite 5.
false and misl
deceive and m
proportion les
proportion less


The article wi
"Dirttions Meth
Gl. ce. Reco
elifintiation of ch
of the powder to
approximate 200
running water; t
again to remove


Fessec4 standard and
ium hypochlorite in


lable chlorine i
was alleged to
.6% *
leading, and by


quality under
a proportion


n a proportion
be misbranded
Available Chlori
reason thereof


islead purchasers, since it
s than 5.6 percent and


than


is alleged
lod No. 1
mnmended


percent.


COn
cor


which
less


of less t
in that
"
ne 5.59'/
the arti
stained c
tainted


tl


it was
ian 5.6


han 5.5 j
the state
', borne o
cle was
alcium b
available


sold, since it
percent and


percent.
:ments, "Ca
'n the label,
labeled so
lypochlorite
chlorine


lcium
were
as to
in a
in a


to be misbranded further in that the statements,
For Combined Washing and Disinfecting of Bar
Only For Glasses That Will Rinse Clean. Permits


b1rine odor from glass after disinfecting. Use oue-half ounce
the gallon of water. This will provide available chlorine to
p. p. m. (parts per million). Rinse glasses under clear,
hen wash in the prepared powder and water solution. Rinse
odor of chlorine and place in an inverted Dosition on drain


board to dry. Polishing with a cloth, or towel will not be necessary
washed by this method will dry with a Krystyl-Kleer luster. Method


Disinfecting
mended as
Fountain u
solution in E
gallon of w
to approxin


In
a ba
$e in
i clea
water.
late


A Final Rin
ctericidal or
disinfecting
in receptacle,
This will,
200 p. p. m.


immerse them in this
them to drain and dry
la maintained by local


chlorine is
water. Con
quire in a r
in such a s
misleading.


se. Under
germicidal
glassware,


this method Krystyl-Kleer
rinse for Bar, Restaurant
dishes and silverware, etc.


as glasses
No. 2 For
is recom-
and Soda
Prepare


consisting of one-half ounce of the powder to the
as mentioned above, provide available chlorine
After washing articles in the proper manner,


solution for at least two minutes:
. Hand drying is not recommended.
health department and only 100 p.


remove a
Where i
p. m. of


required, use one-quarter ounce of the powder to the
suit your health department as to'the amount of chlorin
insing solution and how long they require articles to be


olution"
and by r


"5 Pounds Net."


eason thereof


borne on


the label,


the article was labeled so


were


nd allow
inspection
available
gallon of
they re-
immersed
'alse and


as to deceive and


17


e







486


INSECTICIDE


ACT


INttt


1750. Adulteration of Clenol. U. S. v. Hyman Frieden (Cavalier Laboratories).
Plea of guilty. Fine, $15. (I. & F. No. 2146. Sample Nos. 35016-D,
35099-D, 35100-D.)
Samples of this product were found to contain a smaller proportion of sodium
hypochlorite and a larger proportion of inert ingredients than were stated on the


label.
On October
Virginia, act


S20,
ing


1939,
upon


the United
+ report by


States attorney for the Eastern District of
the Secretary of Agriculture, filed in the


district court an information against Hyman Frieden, trading as the Cavalier
Laboratories, at Norfolk, Va., alleging shipment in interstate commerce on or
about November 14, 1938, and March 15, 1939. from Norfolk, Va., into the State
of North Carolina, of quantities of Clenol, which was an adultered fungicide
within the meaning of the Insecticide Act of 1910. The article was labeled, in
part: "Sodium Hypochlorite 5%, Inert Ingredients 959."
The article was alleged to be adulterated since its strength and purity fell
below the professed standard under which it was sold, in that it contained sodium
hypochlorite in a proportion less than 5 percent, and contained inert ingredients
in a proportion greater than 95 percent.
On May 6, 1940, the defendant entered a Iplea of guilty, and a fine of $15 was
imposed.
PAUL H. APPliwt,
Actinij Secretary of Agiiulse.


1751.


Misbranding of Gentm Self-Sterilz
of Gent Self-Sterilizing Mop.
forfeiture. Product released to
Sample No. 10221-E.)


ing Mop. U. S. v. 94 Bales and 5g8 Das
Consent decree of condemnation amnd
claimant for relabeling. (I. & F. No. 2181.


Samples of this product were found not to bear the required ingredient state-
ment. The label bore false representation that the article would act as a
germicide, disinfectant, antiseptic, and sterilizer, and that its use would be proof
against mold.
On April 25, 1940, the United States attorney foar thlie Southern District of
New York, acting upon a report by the Secretary of Agriculture, filed ln the
district court a libel praying seizure and condemnation at New York, N. Y.,
of 94 bales, each containing one gross, and .3 bales, each containing one-hatlf
gross, of Gem Self-Sterilizing Motps, alleging that the article had been shipped in
interstate commerce on or aliout February 2., 1940, Ily William D. Whitaker, from
Philadelphia, Pa., and charging that it was a misbranded fungicide within the
meaning of the Insecticide Act of 1910.


The article
false and m
deceive and
mold proof,
germicidal,
bacteria or
"Gem SS St
Antiseptic D


e was alleged to be misbrand ed
misleading, and by reason ther
mislead uIrchiasers, since it


it was not self-str'
and disinfecting or
that would sterilize
elf-Sterilizing Mops
&old Proof Gem $S


ilizing, and
sterilizing
the m1ps::
*


in tilait tihe following statements wer
fcot thie article was labeled so as to
was not germnicidal it did not carry powerful antisepti,
agents that would destroy hiarnful
(Sticker label on units of 12 mops)
" (Label around mops) "Germicidal


Self-Sterilizing


Mop


PI'a tented Antiseptic


Core.


Strands of this mop carry a combination of Powerful antiseptic germicidal, dis-
infecting materials that filter through the yarn to destroy harmful Bacteria
Stand Mop to Sterilize and Dry, in Every Strand the Antiseptic Core 'a
Scientific Discovery' The Gem-SS (Self Sterilizing) MopsK incorporate a pat-
ented scientific discovery. to Self-Sterilize' The Four absorbent
piles of yarn in the Gem-SS Mop are twisted around a core that has been im-
,: _*- S a wi S .,., ji S ,*


411







1746-1702]

be released to
the reiiiremilen
(*r State, relati
the Fbod and
Agriculture.


152. A dulitera
oitDry
Exaintion


gredient statenmei


The
greater


produ
perce


it
n


to be inefficaci<
when used as
control of all g
On January
Illinois, acting
district court
pails of "A ItRe
alleging that t


about
and c
fungi c
The
fell be
"50%


August
charging
ide witli
article
low the
inert in


I

Ii


NOTICES


OF JUDGMENT


487


the claimant, under bond, to be relabeled so as to comply with
ts of the Insecticide Act of 1910 and all other laws, Federal
ng thereto, such relabeling to be done under the supervision of
Drug Administration of the United States Department of

PAUL H. APPLEBY,
Acting Secreta/ry of Agriculture.
ion and misbranding of Dry Dip. U. S. v. 14 25-Po nd Pails
Dip. Default decree of condemnation, forfeiture, and destruction.
No. 2163. Sample No. 55889-D.)
showed that the labels for this product failed to bear the in-


its in the manner required by the law.
contained a smaller percentage of active ingredients and a
ge of inert ingredients than were stated. It was also found
s as a disinfectant for stables and pens, stalls, and flu germs
reacted; and inefficacious against poultry insects, and for the
den and plant bugs when used as directed.
1940, the United States attorney for the Northern District of
1pon a report by the Secretary of Agriculture, filed in the
libel praying seizure and condemnation of fourteen 25-pound
ed(ly Sometimes Erroneously Galled Dry Dip," at Sterling, Ill.;
article had been transported in interstate commerce on or
1939, by the German Laboratories, from Cedar Rapids, Iowa;
at it was an adulterated and misbranded insecticide and
the meaning of the Insecticide Act of 1910.


(
ta,

di
ar
2,
a
Ell
mt
IS.
.8.
thi
n


was alleged to be adulterated in that its strength and purity
professed standard and quality under which it was sold, namely,
matter, 50% total active ingredient."


The article was alleged to be misbranded in
inert matter, 50Q total active ingredient *
Flu Germs in live stock. Sprinkle plenty


bedding
batting
pens, or
house o
before i
using 1(
poultry
ashes t
Remedy
will stii


A A Killer an
Flu Germs. For Hors
stalls well after each cl
r coops and sprinkle fl
cutting in fresh bedding
) Darts wood ashes to


direct,
) one ]
on thi
k to t


leading, since
and contained


it was
stables


not
, pens,


Repellant for
and Cattle
ring *


that the statements "50%
This is used for combating
of this remedy in the hogs


SomE
* *
jFor


oors well with Fnlu
:. Make a dust bath
one part Fuin Remined


ilute the Flu Remedy with 10 parts
art Flu Remedy." "For Garden Or
young vine or plant while the dew
e leaves and stem," borne on the


it contained inert matter in a proper


active ingredient
disinfectant and
or stalls, would


would not combat flu germs, ar
infest or attack poultry; and,
garden and plant bugs. The ar
that it consisted partially of IAe
percentage amount thereof were


; inl ;i
when
not act


ti


H

1~.
II
I
I
Ia
at


SThings, Used for Corn-
* Disinfect the stables,
Poultry Clean the poultry
remedy y as well as roosts
*or the hens to roll in by
. Caution If dusting the
ne air slack lime or wood
'Plnt Bugs Sprinkle Flu
s on, so that the powder
hel, were false and mis-
j greater than 50 percent,


proportion less than 5(0 p
used as directed would
as a killer and repelle


I would n<
hlen used
ole was al
s8lbtna uce
0ot srtatl


Seffecti
ireFCted,
1 to be
ingredi
ily and


ve against ii
would not t
mnis$lranded
ents, artd the
co'rrect-ly, or


percent; since
not disinfect
nt of germs,


sects t
control
further
atne I,
no :a,


the label; nor in lieu thereof were the ianme and percentage amount ,f each
and every substance or ingredient having insecticidal or fungi.idal properties
and the total percentage of the inert subhstainces or ingredients. stated plainly


I


I
<


1






488


INSEOTICIDE


ACT


FNLLr,


domestic animals and for the disinfection of farm buildings and animal quarters;
ineffective for wiping out mites, like, bedbugs, and all other insects, for keeping
insects out of buildings for many months with one spraying, and for the killing
of flies and other insects. It was also found to contain no lime-sulphur or iodine,
as claimed on the label.
On or about January 19, 1940, 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 two 5-gallon
cans and sixteen 2-gallon cans of Sananize at Freeport, Ill., alleging that- the
article had been shipped in interstate commerce on or about August 19, 1939,
by the Farm Sananize Manufacturing Company, from Sibley, Iowa, and charging
that it was a misbranded insecticide and fungicide within the meaning of the
Insecticide Act of 1910.
The article was alleged to be misbranded in that the statements, "Sananize-
Superior-Supreme Immunize Your Poultry, Hog and Farm Buildings From
Diseases Sananize Prevents Hog Flu Necro, Cholera, Leueemia, Roup,
Tuberculosis, Etc. Spray the sheds and beds. This will also disinfet
the quarters *. Necro Germs And Any Germs wiped out with Sananie.
* It is best to disinfect buildings before they are cleaned out. *
Sanitation cleans any building of Germs. Sananize Is Sanitation. *
Germs and Insects are bad and Sananize gets them all Spray Sananize *
it Disinfects the buildings at the same time. For ordinary Dis ifet
mix as stated below. Sananize-A Farm Disinfectant enables
a farmer to turn waste oil into a fine disinfectant. Concentrate-Make Your Own
Disinfectant-Concentrate ," "* Guaranteed by Manufactur


Never to Have an Insect in Your Buildings for Many Months if They Are Sprayed
With Sananize! Sananize Mites, Lice, Bed Bugs And Insects entirely
wiped out After many years of work on a disinfectant that would meet these
requirements, we have successfully developed a product that will keep inset
out of buildings many months with one spraying. Spray well all si4
walls, roost poles and nest boxes. If infested with bed bugs, spray celi g also
* In Horse Barns, Cow Barns, Sheep Sheds, etc., are hangouts or les
* Insects are bad and Sananize gets them all. Spray Sananize for lies,
etc. *," "Ingredients-A penetrating wood preserver, medicated naphtha
oil with formaldehyde, iodine, lime-sulphur, menthol and other products *."
borne on the label, were false and misleading, and by reason thereof the artice
was labeled so as to deceive and mislead purchasers, since it would not immuns
buildings from disease, would not prevent flu, cholera, roup, and tuberculosl
would not act as a germicide and disinfectant, and would not disinfect thin
and places for which it was recommended, when used as directed; it would no
wipe out mites, lice, bed bugs, and all other insects, would not keep all inseth
out of buildings for many months with one spraying, and would not kill fl
etc., when used as directed; and the article did not contain lime-sulphur or iodine
as stated on the label.
On June 3, 1940, no claimant having appeared, a decree of condemnation and
forfeiture was entered and it was ordered that the product be destroyed.
The article also was alleged to be misbranded under the Food, Drug, and C
metic Act, as reported in a notice of judgment, published under that act.
PAUL H. APYLrUY,


Acting Secretary


of


A arialtitra


I-f Aa~fl. -~r~-t ,fl
N


1754. Adulteration and misbranding of Arnold Arenate of Lead Cartridge.
U. S. v. Garden Hose Spray Co., Inc. Plea of guilty. Fne, $25. (n
U'. Nn 21. Rsnamn Q Mnf 9729-... 7Rlfi& -fl






1746-17621


NOTICES


JUDGMENT


489


The article in


tended


for use or


each shipment
1 vegetation,


would be injurious to sti


The article in eac
ing statements, bor
thereof the article v
article would not c.
other similar chewi
used as directed:
ticide Sprayers for
Borer, and other sin


ts]
ne'
"as
)IItl?
rig


vege
pment
the
beled
cod li
sects,


t


Wa


and
tatio
was
label
so as
ng in
and


is alleged to be adulterated, since it was in-
it contained a substance or substances that
n when so used.
alleged to be misbranded in that the follow-



0


Arsenate of Lead


the control


chewing


nilar


of


were
to dece
th, can
would
Cartr
odilin] g


insects.


fase and misleading, a
ive and mislead purcha
ker worm, peach twig
not control fungous d
idges For use in Garde
SMoth, Canker Worm,


* *


For Control of


nd by reason
sers, since the
borer, and all
diseases, when
n Hose Insec-
Peach Twig
Fungous Dis-


eases.
On June 4, 1940, a plea of guilty was entered and a fine of $25 was imposed.
PAUL H. APPLEBY,
Acting Secretary of Agriculture.


1755. Misbranding of Jan-O Insecticide. .U. S. v. Janitors Supply
Plea of guilty. Fine. $15 and costs. (I & F. No. 2172.
47737-D.)
Samples of this product were found not to be 100 percent effective
and the product was found not to control flies or all other insect


used as directed.
On April 30, 1940, the
acting upon a report by
an information against tt
the shipment in interstate<
Md., into the District ofl
was a misbranded insect
The article was alleg
Insecticide 'Kills 'Em
Liquid Insecticide is effe
Insecticide is 100% active
by reason thereof the arti
sincee, when used as direct
other insect pests, and it
The article was also


United States
he Secretary
e Janitors Sup
commerce on
Columbia, of


a
Iof
>pl
or
a


icide within the r
aa m


:e(l
Qu
?tiv'
7e,"
icle
!ted


to be nmi
ick' *
e for destr
borne onn
was labele
, it would


*


would not be a 1C


alleged


to be


ml


attorney


for the


District


House,
Sample


insecticide
pests when


of Maryland.


Agriculture, filed in the district
y House. Inc., Baltimore, Md., al
about August 29, 1939, from Bait
quantity of Jan-O Insecticide,
meaning of the Insecticide Act of
minded in that the statements "
Kills Insect Pests *


court
leging
more,
which
1910.
Jan-O
Jan-O


on of flies Jan-O
label, were false and misleading, and
> as to deceive and mislead purchasers.
control flies and would not control all
10 percent effective insecticide.
stranded under the Federal Caustic


Poison Act, as reported in notice of judgment No. 100. published under that act
On June 5, 1940, a plea of guilty was entered on behalf of the defendant, an<
the court imposed a;i fine of $15 and costs fur violation of both acts.
PAUL H. APPLEBY.
Acting Secretaru of Agriculture.


17T66. MIalbranding of Kreole disinfectant. United S
Products, Inc. Plea of guilty. Fine, $100.
No. 26406-D.)
The label for this product failed to bear the requi
False efficacy claims concerning the effectiveness of
tant and as an insecticide were borne on the label.
On March 17, 193!, the United States attorney fo
New York, acting upon a report of the Secretary o
district court an information against the Maiiatt
Brooklyn, N. Y., alleging shipment in interstale cm
28, 1938, from Brooklyn, N. Y., into the State of Con
Kreole' disinfectant, which was a misbranded insecti
thiA wiAfwine nP tlhn TaoTn*iriniAnl A n-- n4 11o


tales v. Manhattan Kreole
UI. & F. No. 2091. Sample


ingredient
article as


ir the Eastern
f Agriculture,
an Kreole Pr4
mmerce on or
mecticut, of a


statements.
a disinfec-


District
filed in
oducts,
aboutlt
quantity


t of
the
Inc.,
May
y of


cide and fungicide within






490


INSECTICIDE


ACT


[N J., Ir.


it did not disinfect best and was not best for sickroom and home; it would
not kill all insects and odors when used as directed; and it was not an effec-
tive disinfectant in the dilution specified on the label.
On May 3, 1939, a plea of guilty was entered and a fine of $100 was imposed.


Acting


PAUL H. APPLEBY,
Secretary of Agrion iltuwre.


1757. Misbranding of M-E Superchlor Klo-Rid. U. S. v. Patterson Laboratories,
Inc. Plea of guilty. Fine $50. (I. & F. No. 2171. Sample No. 55863-D.)
This product was found to contain less sodium hypochlorite and more inert


ingredients than were stated on the
with the product bore unwarranted
the places and objects listed on the


claimed thereon; that it
would disinfect against
high bacterial count and
bean beetles, rose bugs,
fleas, would repel and ki
all insects, plant worms,


would
foul b
would
and
11 nits
bean


le


was


The artic
borne on th
and mislead
labeled so a
hypochlorite
ingredients
not disinfec
and in the


available chlorine; in
when used as directed,
not control all diseases
bean beetles, rose bugs,
fleas, would not repel


alleged


label.
claims
label


The label and


that
and


he pla
used
disea
sects,
1d eggo
1 rose


the article would
in the bulletin, at
ces and things so
as directed, woul
ses in tree trunks
would kill mites
s of lice and fleas
bugs, and would


shipped
n of the
the purch
ess than
ian 96 pe


S
U


that the


with
said
asers
4 pt
recent


referred to
contained
would not
down higl
and in tha


sects,
rvae,


following


the said
statement
, since it
percent an
; in that


disinfect all
the dilution
specified and
d keep down
; would repel
and nits of
, would repel
destroy most


statements,


article, were
ts the article
contained so
td contained
the article


and mentioned on the
only 50 parts per milli
disinfect against foul
i bacterial count, and
Lt the article would not


(
I
p
b


false
was
dium
inert
rould
label
m of
)rood
vould
repel


would not kill mites and nits and
and eggs of lice and fleas, would


not repel all insects, plant worms, bean beetles, and rose bugs, and
destroy most forms of larvae and eggs, when used as directed:


(Label) "Sodium Hypochlorite
and bulletin) "CAUTION *
allowed to fall below fifty parts


4% Inert
* The st
xer million


would not


Ingredients 96%" *- (Label
rength of the dilution should not be
available Chlorine." (Label) ",th


-Use one cup Solution to disinfect tub and water. Beer ParlOrs-
Use one oz. solution in each four gallons water. To Disinfect Cans,
Pails, Strainers, Churns, etc.-Use one oz. solution in each four gallons water.
Milking Machines--Use one oz. solution in four gallons water. Place the teat cup
and tubes in a position so the dilution can remain in same while, not using.
S* Hospitals and Public Buildings-To disinfect and deodorize bed pan4
sputum cups, bowls, bottles, nipples, etc., use one oz. solution in each gallon
rinse water. Baby Chicks, Poultry and all other fowl-Keep one o.
oneCv hi.o^.


the bulletin shipped


disinfect t
rood, when
control all
ill other ir
, larvae, an
beetles, an(


forms of larvae and eggs, when used as
On April 25, 1940, the United States
Michigan, acting upon a report by the
district court an information against th(
Mich., alleging shipment in interstate coi
Detroit, Mich., into the State of Indiana,
Rid which was a misbranded insecticide
the Insecticide Act of 1910.


directed.
attorney for the Eastern District of
Secretary of Agriculture, filed in the
Patterson Laboratories, Inc., Detroit,
nmerce on or about June 8, 1989, from
, of a quantity of M-E Superchlor Klo-
and fungicide within the meaning eE


to be misbranded in


Le label and in a bulletin
ling, and in that by reason
.s to deceive and mislead
Sin a proportion much 1
in a proportion greater thl
t all the places and object
bulletin, when the dilutio


that the article
would not keep
Sin tree trunks;
, and all other in
and kill nits, la







1746-1762]


NOTICES


OF JUDGMENT


491


a dilntiou
oughly. Th
water. :"
all crocks,
gallon water
product. T
n ili Is, p(
* Di
using one i
all pens an
completely.
floors, gutted
tion of one
I istrumeut;
or Disijifec
ounces of M
High Bacte
Separators.
thoroughly
Immerse or01
minutes. do


of one ounce M-E min each gallon water. Fruit Jars-Wash thor-
ien rise with a dilution of two tablespoonsful of M-E to a gallon of
': Beverage Makers-To prevent souring and thickening, rinse
etc., in a solution of M-E, using two tablespoons of M-E to each
*r. Also rinse bottles in same strength solution just before bottling
'his will destroy harmful bacteria. Dog Kennels-Spray
?,lS or runways each day, using one ounce M-E in gallon water.


og K*
unce
d ri11
***
?r.<. m
ounc
s-Oni
'ting
I-E t(
Fiill1



as un?
'rins
ii't ;
aI- til


f)ll't


chlorine during
often *
gallons water.
(Label and b
and Veterina;r


mnnels-Clean pens and runways daily, spray at least once a day
M-E to each gallon water. Hogs- spray
ways often using one ounce M-E in each gallon water, saturate
Disinfecting and Deodorizing-Wash away all filth from
rangers and walls, saturate all mentioned till wet using a dilu-
e M-E to each gallon water. ," "Surgical and Dental
e ounce M-E in each gallon water. ," "Renovating
Bee Hives-Wash hives thoroughly inside and out, using 3
S1 gallon of water, ," "To Disinfect and Keep Down
For Pasteurizers, Coolers, Vats, Churns, Ice Cream Machines,
r.s, Cans, Pails, Milk Bottles, Pads or other equipment, wash
ital, then use one ounce M-E to each four gallons rinse water.
e all surface completely and allow to remain in dilution five


Slow


dilution


to fall


below


fifty


parts


ig usie, "Pigeons and Parrots-Spray the cc
* "Disease in Tree Trunks-Mix one i
, saturate the trunk thoroughly with brush
ulle tin) "Disinfectant Antiseptic Germicide
y.s-Use one ounce M-E in each gallon water


per
)op,
)int
orT s3


million available
nesting and cages
M-E min each two
nrfer *


p jc ,
Deodorant" "Doctors
to disinfect tools, etc."


.1S *
-Sprny


* *


q


M-E to ea
Fleas and
in most c
of one pani
bery-For
forms of l
ounces of
Use Dhrect


(Label
foliage


(Bullet
ch gll.


ises,
fl e,
rt M-
a rel
nr'a
M-E
ion.s


"As a Repellent for Bean Bettles, Rose Bugs or other
with a dilution of four oz. solution in each gallon
in) "To Destroy Mites and Nits-Use one


Oil


Sbath water.
JS S -< A


or fleas, use


on Animals-As a repellant
thoroughly saturate the surfa
Sin three parts water. *
llant to insects and plant w(
ind egg, spray all the foliage
in each gallon water. *
>r plants, vines and shrubbery.


an
Lce
*r
)rn


M-E clear,
d destroyer
of the anim
," "Plants,
is, also as a


* *
for larva
al with a
Vines an
destroyer


Insects
water.
ounce


," "Lice,
and egg
dilution
d Shrub-
for most


thoroughly with a dilution of four
* Bean Beetle and Rose Bugs-
"


On June 4, 1940. a plea of guilty was entered and a fine of $50 was imposed.
PAUL t. APPLEBY,
SActing Secretary of Agricultre.


1758. Adulteration and unisbranding of Coal Tar Disinfectant. I'. S. v. One
50-Gallon Drum of Coal Tar Disinfectant. Default decree of condem-
nation and destruction. (I. & F. No. 218,. Sample No. .18-E.)
Analysis of a sample of this product showed that mineral oil hbd been sub-
stituted, in part. for the article, aind the label ( did not hear the required in-


gredient statemn
On May 1,
South Carolinn
in the district
drum of allegoc
had been shipp


Apex Chemical
an aldnltern tlpd


1940, the United Stntes nottornly for
, acting upon i report by the Secret
;i.lirt a libel plra;yi]ng seizure :ind conde
d coal t.r disirnfcetnnt at Lando. S. I.,
)Pd in illterstati' conlIuercP nC o r ahibln
I'mnifny, froni ApeOX. N. ('.. nnd c(iiarg'
.lI d iis.hrn inil(el fio'iridlo vitlhin fthi I1


the
ary


WVetern District of
of Agriculture, filed


mnatism
alleging
t March
ilg that
-ifini ner e


of on.e 0-gallon
that the article
f(. 1-1m. by the
the lrn)llt was
if thie TinuotwiPihlo


e


lit.






492


INSECTICIDE


ACT-


all, on the label; nor, in lieu thereof, were the name and percentage amount of
each substance or ingredient of the article having fungicidal properties, an& he
total percentage of the inert substances, stated plainly and correctly on the
label.
On June 12, 1940, no claimant having appeared, a decree of condemnation and
forfeiture was entered and it was ordered that the product be destroyed
PAUL H. APPLESY,
Acting Secretary of Agricultur.


1759. Adulteration and misbranding of
Wilson, Inc. Plea of guilty.
Nos. 60,712-D, 69,196-D.)
Analysis of a sample of this prodi
percentage of derris resins and sulf
ingredients, than were stated on the


Wilson's Tri-Tox-Cide. U. S. W, Andrew
Fine, $100. (I. & F. No. 2161. Sample


ict sl
ur, a
label.


owed
nd a


that it
greater


contained a
percentage


sn -aer
of inert


On June 10, 1940, the United States attorney for the District of New Jersey,
acting upon a report by the Secretary of Agriculture, filed in the district court
an information against Andrew Wilson, Inc., Springfield, N. J., alleging ship-
ment in interstate commerce on or about January 18 and February 3, 1989,
from Summit, N. J., into the States of New York and Massachusetts, of quaa-
titles of Wilson's Tri-Tox-Cide, which was an adulterated and misbranded
insecticide and fungicide within the meaning of the Insecticide Act of 1910,
The article in both shipments was alleged to be adulterated, in that is
strength and purity fell below the professed standard and quality under which
it was sold, since it contained derris resins in a proportion less than 4 perenjL
contained sulfur in a proportion less than 25 percent, and contained *art
ingredients in a proportion greater than 71 percent.
The article in both shipments was alleged to be misbranded in that the stat
ments, "derris resins, not less than 4.00%, sulfur (Airfloated) 25.00%, i t
ingredients, not more than 71.00%," borne on the label, were false and misea
ing, and by reason thereof the article was labeled so as to deceive and island
the purchaser, since it contained a smaller percentage of derris resins, a mae
percentage of sulfur, and a greater percentage of inert ingredients than were
stated on the label.
On June 17, 1940, a plea of guilty was entered and a fine of $100 was imoed


PAUL H.
Acting Secretary of


Aprr,
Agrsiultn,


1700.


Misbranding of Germotox.
Plea of nolo contender.
No. 64951-D.)


U. S. v. The Pioneer Manufacturing Co., In
Fine, $25 and costs. (I. & F. No. 217. ~mp


This product possessed a phenol coefficient much lower than that stated a
the label. The label also bore unwarranted claims that the prodtet, d
used as directed, was a disinfectant, would disinfect and purify the air, would
be effective in preventing the spr ead of common colds, grippe, inuena, cil
dren's diseases, etc., and would act as a germicide and antiseptic for wasi
doctors' and nurses' hands and surgical instruments.
On May 3, 1940, the United States attorney for the Northern District
Ohio, acting upon a report by the Secretary of Agriculture, filed in the distr
court an information against the Pioneer Manufacturing Co., Inc., Cleveloin
Ohio, alleging shipment in interstate commerce, on or about November
1939, from Cleveland, Ohio, into the State of Tennessee, of a number of d
of Germotox, which was a misbranded fungicide within the meaning' of i
Insecticide Act of 1910.


[N, J.,






1746-17621]


NOTICES


JUDGMENT


493


mon colds,
since it wo
doctors' or
On June
costs was


grippe, influenza, children's diseases, etc., when used as directed, and
uld not act as a germicide or as an antiseptic when used for washing
nurses' hands or surgical instruments.
26, 1940, a plea of nolo contender was entered and a fine of $25 and
imposed.
PAUL H. APPLEBY,
Acting Secretary of Agriculture.


1761.

Tha
hotel
coils
On
nois,
court
Spring
1937,
Go-G<
Act c
Thi


]

e
a
fi
I


M isbra
Plea
label
nd res
rom ba
May 2,


nding of Go-Go. U. S. v. Henry M. Scboen (H. M. Schoen & Co.).
of guilty. Fine, $75, (I. & F. No. 2037. Sample No. 4ti698--C.)
for this product bore unwarranted claims that it would sterilize
taurant ware, bar glassware, beer coils, and that it would free beer
cteria.
1938, the United States attorney for the Southern District of Illi-


acting upon a report by the Secretary of Agriculture, fi
an information against Henry M. Schoen, trading as H.
field, Ill., alleging shipment in interstate commerce on oi


I
)f
e


fromn
whid
1910.
artic


Springfield, Ill., into the State of Pennsylvania,
h was a misbranded fungicide within the meaning


le


was


alleged


, were f
ed so as
and rest
Ils from
A Rln.Mn.


borne on the label
ments it was label
not sterilize hotel
not free beer coi
Sterilizes Hotel an
Glassware *
place three tables
Let this Go-Go sol
tion has run out,
the coils, hose nam
sterilized 4


On June 27, 19-10, a


the district
hoen & Co.,
October 15,
quantity of
Insecticide


to be misbranded in that the following statements,
alse and misleading, and by reason of the said state-
to deceive and mislead the purchaser, since it would
taurant ware. bar glassware, or beer coils, and would
bacteria, when used as directed: "Go-Go *
.rnn4f- ~Vn~mn QInnflfurn,. no..
~~JS LICLliO~ B1


U J dl Lt'O tLI ~i LAIL I <1
* Beer Coils To
)oonsful of Go-Go
ution run through
refill the tank wit
I faucet. Your d
Condition *


plea of


e ~
free beer coils
in your tank.
h the hose, coil
h clear cold wat


)- o L)
from
[hen
and
er ai


every atom
fill the tank
faucet. Wh
Lid let it run


delivery system will then be in a
* Sterilize your coils twice a


guilty was entered, and fine of $75 w


of bacteria,
with water.
en the solu-
off through
thoroughly
week."
as imposed.


PAUL H. APPLEBY,
Acting Secretary of Agriculture.


1762. MIabranding of Germ-I-Tabs. U. S. 11 Dozen Boxes of Genrm-I-Tahbs.
Default decree of condemnation and destruction. (I. & F. No. 2184.
Sample No. 6325-E.)
The label for this pl)roduct bore unwarranted claims that it was a germicide,
that it was effective for use in the shop for wet sterilizing, and that it would


disinfect in
used as dir
gredients, a
On May
acting upon


struminent
ected(.
Ld the hi
18, 1940,
a report


combs, br
Product
1 did not
ie United
Sthe Secrc


ushes, dr
consisted
bear the
States a
tary of A


a

ii
tt
k


libel praying seizure and condemnation of
tablets, of Germ-I-Tabs. at Buttc. Mont.,
shipped in interstate commerce on or abo
from Seattle, Wash., and charging that it
the meaning of the uInsecticide Act of 1910.
The article was alleged to be misbranded i
on the label, were false and misleading, n;


it was labeled
idlde. it wnmld


so as to deceive and mislen
I not h pftfectivp fmr n.e i


d
11


inboards,
partially a
Ligredient
:orney for
,riculture,
1 dozen
alleging


January


anud similar articles,
of inert substances.


statement req
the District
filed in the di
boxes, each
that the arti


194O~


was a misbranded


'It
I)


when
or in-


uired by law.
of Montana.
strict court a
containing 60)
cle had been
Estey's Inc.,


fungicide within


that the following statements, borne
i by reason of the said statements
urchasers, since it was not a germ-


the alna for


'P stporilizini.


and it


I..
['he
The
U
by


w






494


INSEOTIOLDE


ACT


[N. J., I. F. 1746-1762


and some utensils that cannot be immersed conveniently should first be washed
with hot water and soap and then rinsed with a Germ-I-Tab solution. *
The convenience of always having an ample supply of an effective germicide,
antiseptic and personal deodorant in tablet form recommends Germ-I-Tabs for
the shop and house as well as to travelers, tourists, hunters, campers, ete"
The article was alleged to be misbranded further in that it consisted partially
of inert substances, namely, substances other than sodium paratoluonesulfon-
chloramide, and the name and percentage amount of each of the inert substances
or ingredients were not stated plainly and correctly on the label; nor in lieu
thereof were the name and percentage amount of each substance or ingredient
of the article having fungicidal properties, and the total percentage of the
inert substances or ingredients so present therein, stated plainly and correctly
on the label.
On July 30, 1940, no claimant having appeared, a decree of condemnation and
forfeiture was entered and it was ordered that the product be destroyed.


PAUL ]
Secretary


APPLRzY,
SAgriculture.


Actiigi































INDEX TO NOTICES OF JUDGMENT 1746-1762


Arnold Arsenate of Lead Cartridge:
Garden Hose Spray Co., Inc-.
Clenol:
Cavroier Laboratories-----.
Frieden, [l.man-------
Coal Tar Disinf''rLmnt:
Apex Chemiical Co- -----


D-Stroy:
Ultra Cliemical


Works, Inc.e


N
- -


Dry Dip:
German Lab oratories ----
Gem Self-Sterilizing Mop:
Whitaiker, William D- --- _-
Germ-I-Tabs:
Estpy's, Inc- -.....-i.-.
Germotox:
Pioneer Manufacturing Co
PionPer Manufacturing Co.-


. J. No.
1754
. 1750
S1750

1758
1746
1752
1751
1762
1747
1760


Go-Go:
Schoen, H. M., & Co --....
Schoen, Henry M--------
Jan-0 Insecticide:
Janitors Supply House, Inc--_
Kreole Disinfectant:
Manhattan Kreole Products,
Inc ----------------- -- .
Krystyl-Kleer:
Consumers Supply Co ---- --
M-E Superchlor Klo-Rid:
Patterson Laboratories, Inc-_
Sananize:
Farm Sananize Manufacturing
Co ------------------- --
Sodium Silico Fluoride:
Dupont DeNemours, E. I., Ince
Wilson's Tri-Tox-Cide:
Wilson, Andrew, Ine ........


N. J. No.


1761
1761
1755

1756
1749
1757

1753
1748
1759





UNIVERSITY OFL


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