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if.., I. F. 1731-1745 *1' * Issued August 1940 .*I. if j:h;,~ JI V .4 ~1tTI~" 2' H ~ 111W afl 4 I -1 ~tii A 71j a * .HU.=S4139**.*H*.t.. ift ~wnIlI1r:.i&"~. 'r -. ,&ta. ~ ~ tnijtri;~. .1* ~~HLdflJk ~* ~. I I.....1 It tited States Department Agriculture FOOD AND DRUG ADMINISTRATION ES UNDER THE INSECTICIDE ACT [Given, pursuant to section 4 of the Insecticide Act] 1731-1745 - a -A- *A-. .by the Acting Secretary of Agriculture, Washington, D. C., June 18, 1940] saUding of Pynosol. U. S. v. Pymosol Laboratories, Inc. Plea of Itt. Fine, $25. (I. & F. No. 2142. Sample No. 60022-D.) luct possessed a phenol coefficient of less than that stated on the bhe label failed to bear the required ingredient statements. lary 23, 1940, the United States attorney for the Northern District BI '4, acting upon a report by the Secretary of Agriculture, filed in the art an information against Pynosol Laboratories, Inc., Chicago, Ill., ipment in interstate commerce on or about November 22, 1938, from .11,, into the State of New York of a quantity of Pynosol which was .. fungicide within the meaning of the Insecticide Act of 1910. ie was alleged to be misbranded in that it consisted partially of an ' ubstance, namely, water, and the name and the percentage amount thereof |.| .tated, plainly and correctly on the label; nor in lieu thereof were .I4 percentage amount of each ingredient of the article having fungi- l tbneidal) properties, and the total percentage of the inert substance ....t, stated plainly and correctly on the label. It was alleged to be .ffurther in that the statement "Phenol Co.Eff 18.75 FDA" was false .g, and the article was labeled so as to deceive and mislead the fIce it possessed a phenol coefficient of less than 18.75, as deter- IetF. D. A. method. r'2, 1940, a plea of guilty was entered and a fine of $25 was imposed. .. CLAUDE R. WICKAEn, Acting Secretary of Agriculture. - j Ku papding of Kotoproof. U. S. v. Universal Chemical Laboratories, Inc. Meda to the court. Judgment of guilty on charge that product was iHott; oft the declared volume. Not guilty on charges that product was pewoniss -and that clalnms of moth proofing eieaey were false and 9tS"ad4al. flue, 925 and costs. (I. & P. No. 2038. Sample No. 50319-C.) .il, contents of the cont ,.Ibd ared en the label. twas harmless to human afries, et eetera, which W6; 1988, the United lKItag u-pon a report by w. a eormiikaoi against 3Id., allegig shipment ipari. South Bend, .TInd., i ' iieh was a misbranded .ainer of this product were less than 1 gallon, the The labeling of the article bore a representation Beings and: animals and would mothproof clothes, were alleged' to be false and misleading. States attorney for the Northern District of In- r the Secretary of Agriculture, filed in the district the Universal Chemical Laboratori s, I 4c, South in interstate commerce on or dout' epthnilbe.. 2, nto the State of Wisconsin Qf a quantity of Koto- Sinsecticide within the meaphia of the Ipsecticide JUDGMENT :4 Iii ~ I a,. M i..iAlanA 470 INSECTICIDE ACT [N. J., I. F. gun. Any material made from animal fibre may be proof. Spray libetaly and evenly. Hold the spray the material and cover every inch of the fabric with small sponge moistened with Kotoprof and rubbed and flaps helps to insure protection in those places. or ruffled up while spraying in order that the fibre. Upholstered furniture may be except that special care must be taken to plete protection it ~is necessary to use abo two to three pints for a chair, depending material should be re-treated with Kotopr the spra treated impregna ut four p upon, the oof as t safely treated with Koto- gun about one foot from a fine mist. A cloth or on seams, pockets, cuffs Fu y mE the te th )ints size. ie dr rs should be brushed iy reach the base of same as any fabric, te stuffing. For cornm- for a davenport and After dry cleaning y cleaning chemicals weaken its effectiveness. Steam cleaning or laundering does not affect ma- terials moth-proofed with Kotoproof. Kotoproof kills moths and their larvae and when properly applied renders material moth-proof for a period of one year. tproomay stety ue&o furas It wiUl not spot, stain, or shrink the finest fabrics and does not affect dyes. It is not necessary to cover or protect silk linings. Kotoproof the Perfect Moth-Master Is Thoroughly Safe ~ArdDependMt e Kotoproof is sold under a binding money-back guarantee to give full satisfaction when used according to direc- tions. Kotoproof cannot harm the finest fabrics and when applied renders material moth-proof for one year. Kotoproof kills moths and their larvae and protects furs, coats, dresses, suits, tropical worsteds, sweaters, felt hats, skirts, sports suits, flannel trousers, bathing suits, golf hose, blankets, babies' woolens, scarfs, mohair covered furniture, cushions, davenports, drapes, rugs, carpets, felt in pianos, automobile robes, automobile rugs, automobile cushions and automobile upholstery against moth infestation. One spraying protects for a full year. Moth Worms Starve To Death on Kotoproofed Ma- terials. Kotoproof is harmless to humans and animals *is thoroughly safe." On November 2, 1989, the case came on for trial before the court in lieu of a jury, and on February 29, 1940, the court handed down the following memo- randum opinion: SmoK, Judge. "The information charges misbranding under the Federal Insec- ticide Act in that: (1) the product was not a mothproofer as represented on the I container, (2) the container contained less than was represented, to wit, 1 United States gallon, (3) the product was not harmless to humans and animals and thoroughly safe as represented on the label. "The evidence as 4 o-the first specification was rather conflicting. Several witnesses for the Government made experiments which indicated the article did not render cloth material mothproof. As against this, a number of witnesses testified that they used Kotoproof and found it very satisfactory-no moths appearing after its application. If this were the only specification I would be inclined to say that there is a reasonable doubt as to defendant's guilt. "On the second specification, however, the testimony shows that the container was 10 percent short of 1 gallon. I cannot agree with counsel for the defendant that this is an immaterial deficiency. Ten percent is a considerable amount to be short in a container advertised to contain 1 full "As to the third spheitation, testimony shows harmless to persons if it were taken into the stoma however, as a beverage or as an edibej and I. think gall Kot ch. the on. oproof It is clear would not be not advertised, intent is to say that it is ha-mlessto humans and animals when sprayed as directed. be et eds for defendant to change its legend with reference to lessAess or saody of the article and say that it is harmless and safe w.n applied .ordi.g to directi0s, but that it is harmful if It would the harm- thoroughly persons or *; 1731-1745] NOTICES JUDGMENT 471 the label. 1 arsenate and declared on t as an active only the copp On June 6 York, acting Ansbaceher's Ansbor dust wits found to contain calcium calcium arsenite combined, and more inert ingredients than were he label. The labeling of the latter product listed bordeaux mixture ingredient; whereas the bordeaux mixture was not all active but er contained therein was active. 1939, the United upon a report by court an information against t alleging shipment in interstate and July Jersey, a ments of violation , 1938, from New Y o ( nd Maryland, of one Ansbacher's Ansbor of the Insecticide Act Ansbacher's Ansbor wa "76.8% Active Ingredients Arsenite, and not less thal iff3i@2.%, Arsenic (as n resented that the standard not less Than 76.8 percent bined calcium arsenate an ingredients, and not less whereas the strength and product was alleged to be false and misleading, and deceive mislead Sta the ie A con )rk, shil Dus of alleged tes attorney Secretary of Lnsbacher-Sie amerce on or N. Y., into th )ment of Ans ;t that were 1910. for the East Agriculture, gle Corporati about April ie States of I sbacher's Ans adulterated to be adulterated ern Distr filed in ion, Brool 22, May ; North Cal bor and and mis in that *ict the klyn 27, J rolin thri brat of New district , N. Y., rune 10, la, New ee ship- ided in statements, (not less than 70.0. Calcium Arsenate and Ca n 6.8% Copper Sulphat metallic) not less than 1 and quality of the art of active ingredients, r d calcium arsenite, not than 26 percent of purity of the article misbranded in that th that by reason of said purchasers, e). Inert 26.0%," bo icle were s not less tha more than arsenic, ex fell below ingredients roe on the I ;uch that it in 70 percent i 23.2 percent pressed as such stand not abel cont t of t of met rd. above-quoted statements statements, it was labeled since it contained smaller proportion lcium more , rep- ained corn- inert allic; This were so as ns of active ingredients and combined calcium arsenate and calcium arsenite, a larger proportion of inert ingredients, and a smaller proportion of arsenic, expressed as metallic, than were stated on the label. Ansbacher's Ans alleged to be adul Arsenate and Calc not less than 6.0% represented that tl tained 45 percent *dlM ed 't .-mor bor Dust, terated in n each of the three that the statements ium Arsenite---not less , Inert Ingredients-no he standard and quality of calcium arsenate a e*.-than 49 percent of thai t moi y of nd c inert bordeaux mixture was active; whereas the of calcium arsenate and calcium arsenite c inert ingredients, and all of the bordeaux .copper in the bordeaux mixture was active. branded in that the above-quoted statement misleading, and by reason of the said state an shipments , "Active i.0%, Dry re th the, alclu ing icle 49.0%," icle wer arsenite ieut? itain combined and m mixture was n This product ts, borne on th< of this product, was Ingredients-Calcium Bordeaux Mixture- borne on the label, e such that it con- combined, that it 5, and that ed less than ore than 49 ot active, bu was alleged e label, were ments, it was labeled so as all of the 45 percent percent of t only the to be mis- false and to deceive and mislead purchasers, since it contained less than 45 percent of calcium arsenate and calcium arsenite combined, and more than 49 percent of inert ingre- dients, and all of the bordeaux mixture was not active. On February 7, 1940, a plea of guilty was entered and a fine of $400 was imposed. CLAuDE it WICKARD, Acting Secretary of Agriculture. 1784. Adulteration and misbranding of Niagara Vegetable Garden Dust or Spray, Niagara Suspenso Lead Arsenate, and Niagara Copotex. U. 5. v. Niagara Sprayer & Chemical Co., Inc. Pleas of guilty. Fines. $200 and $200. (I. & F. Nos. 2143, 2155. Sample Nos. 35220-D, 48937-D, 4489B1-D, 52279-D, 54275-D, 55349-D.) The'Vegetable Garden Dust or Spray contained less tricalcium arsenate, less onntnro 1act oiraai* a-nn Omotoa11bi\ onnj1 vnnro inar inaotllanftic t-han ca-rn cat-aiAi I 472 INSECTIOIDE- .AC T [N.J., I. F.- Michigan, of quantities of Niagara Vegetable Garden Dust or Spray, iagara Suspense Lead Arsenate, and Niagara opotex, which were adulterated and misbranded within the meaning of the Insecticide Act of 1910. The Vegetable Garden Dust or Spray, in both shipments, was alleged to be adulterated min that its strength and purity fell below the professed standard and quality under which it was sold, namely, "Active Ingredients Tri-Calcium Arsenate not less than 21.0%, Copper oE Bordeaux not less than 8.6%, Inert Ingredients not over 70.4 (total) 100 Arsenic (as metallic) not less than 7.8%." It was alleged to be misbranded in that the above-quoted statements the label, were false and misleading, and it was labeled so as to deceive and mislead purchasers, since it contained less than 21 percent of tricalcium arsenate, less than 8.6 percent of copper, less than 7.8 percent of total arsenic (as metal- lic), and more than 70.4 percent of inert ingredients.---- The Suspenso Lead Arsenate was alleged to be adulterated in that its strength and purity fell below the professed standard and quality under which it was sold, namely, "Arsenic as metallic in water soluble forms not more than .5%." It was alleged to be adulterated further, since it contained a substance or sub- stances that would be injurious to vegetation when used as directed. -- It was alleged to be misbranded in that the statement "Arsenic as metallic in water soluble forms not more than .5%" was false and misleading, and the article was labeled so as to deceive and mislead purchasers, since it contained arsenic, as metallic, in water-soluble forms in a proportion greater than 0.5 percent, The Copotex was alleged to be adulterated in that its strength and purity fell below the professed standard and quality under which it was sold, namely, "Monohydrated Copper Sulphate not less than 20.00%, Copper (as metallic) not less than 7.00% (Equivalent in Copper Sulphate Crystals 27.4%), Inert Ingredi- ents not over 62.50%." The Copotex was alleged to be misbranded in that the above-quoted state- ments were false and misleading, and the article was labeled so as to deceive and mislead purchasers, since it contained monohydrated copper sulfate in a proportion less than 20 percent, copper (as metallic) in a proportion less than 7 percent, the equivalent in copper sulfate crystals in a proportion less than 27.4 percent, and inert ingredients in a proportion more than 62.50 percent On January 8, 1940, pleas of guilty were entered and a fine of $200 in each ease was imposed, a total of $400. CLAOUDE R. WICKARD, Acting Secretary of Agriculture. 1735. Adulteration and misbranding of Termox Roach Destroyer. U. S. v. Termo Chemical Co. Plea of guilty. Fine, $75. (I. & F. No. 2129. Sample Nos. 8734-D, 22133-fD) Both shipments of this product contained inert ingredients in excess of the percentages declared on the labels. One shipment was deficient in borax and contained no sodium fluoride, a declared ingredient In the other shipment a portion was deficient in borax and contained no sulfur, a declared ingre- dient; the remaining portion of this shipment contained no sodium fluoride nor sulfur, declared ingredients. The latter shipment was also misbranded in certain other respects. On August 10, 1939, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, fil~4ijn t.t. district court an information against the Termo Chemical Co., a corporation, Chicago, Ill., alleging shipment in violation of the Insecticide Act of 1910, on or about February 18 and July 18, 19a8, from Chicago, Ill., into the States of Michigan and Wisconsin, of quantities of Termox Roach Destroyer which was an adrnlPra2tl nd nmnshrandd inspptipidp 1731-1745 I NOTICES OF JUDGMENT 473 borne on the labels in t aid by reason thereof purchasers, since (in t and less than 25 perc -f" inert ingredients a he shipment the article :he former s ent of bora md (in the combination of powdered pyrethrum the active ingredients, but contained sulfur, and did contain more than *emtining portion of this shipment co thrum flowers and tloride nor sulfur, .The article in the father in that the I ia.ot poisonous to ...*tipment, and the '''hiS Roaches If U of July 18 was labeled hipment) x, and dii latter sh flowe less 40 p iutair borax as the active in and did contain more I shipment of July 18, statements, "But harm] people or to household statements, "Termox I sed As Directed Sure rs, th , 1938, were false and misleading, .d so as to deceive it contained no so0 d contain more th ipment) a portion sodium fluoride, an 25 percent of t k.a diu an c an )or recentt of inert ingredien ied a combination of pow gredients, but contained than 1938, less t d pet Roachd Dea 40 percent of inert was alleged to be o Pets and People s," borne on all la Destroyer Kills th to Roaches * .: The roach likes Termox-but Termox kills the roach- .. ter bag. Once eaten and tracked into the nests by their ttrl.riniox and likewise are destroyed. Termox is deadly 'lilections: Punch holes in top of can. Then shake Termi Ifl4!Mrefully around sinks, pipes, counters, shelves, unc t'titto all cracks, crevices, etc. Because of the tendency ha! -breed, it may require several applications of Tern Sna'though you may be rid of roaches and water bugs i a. .little powder dusted around their haunts, as a consta t.. t4nekthat may enter from the outside. A Destroyer n:. the.:.e labels of a portion of this shipment, were false at f: lbhilthieof the article was labeled so as to deceive an t ee in the said shipment it was poisonous and a port 'rdtaehes or water bugs when used as directed. Of."November 14, 1939, a plea of guilty was entered a bit imped. CLAUDE R. WICKARD, Acting Secre '.. n ^ ;i""."' . .. $.|9..-. branding of G. D. Cleaning Powder and Kemiko 5 Manufacturing Co. Plea of guilty. Fine, $104 ,,.::'! Sample Nos. 62578-C, 12107-D, 29746-D, 29747-D.) -and :r feet, toc ler y o 0ox t i nt A id d on roa powd and )f all to LI] V ts the nd mislead im fluoride, 60 percent contained a d boras as ax, and no ts, and the dered pyre- no sodium ingredients. misbranded * It iels of that Vater Bugs * Uses: cousin, the young will ches. * * ler thoroughly into drawers pests to hide destroy them. is advisable protection preventive, misleading, mislead pur thereof wc nd a tary o in 1.. 0. (I. to keep against " borne and by chasers, )uld not fine of $75 was f Agriculture. U.S. v. Kemiko & F. No. 2100. 9f.e 9. D. Cleaning Powder was falsely represented to be t.' effective to kill all odors and all germs, and to ster iected. The label for : tduired ingredient t Di preventative of B e'as a remover o t ft Specified. ..0 "Jnie 2, 1939, the flu~tporn a report by kt'iftrmation against t the shipment of February 9, 1938, statements. The Kemiko 5 iu 1 was contagion, to have full germ-killing f all odors, as a sterilizer, and as a safe and nontoxic, ilize when used as also failed to bear falsely represented powers, and to be disinfectant in the United States attorney for the District of New Jersey, the Secretary of Agriculture, filed in the district court he Kemiko Manufacturing Co., a corporation, Irvington, . alklegiDng shipment in interstate commerce, on or about February 9, 1937, 'at bruary 9, February 24, and April 15, 1938, from Irvington, N. J., into the Is, "of New Y6rk and Pennsylvania of quantities of G. D. Cleaning Powder if..pmehts) and Kemiko 5 in 1 (2 shipments) that were misbranded fungicides t tl the meaning of the Insecticide Act of 1910. "4 |,:0. D. Cleaning Powder in each shipment was alleged to be misbranded B. at' the statements, "Germicide, Detergent, Cleaning Powder, Deodorizes, 111 :=.a ..l a -, ,m l-l a -m= nl | t Air t To sterilize feeding utensils, etc. Use two tablespoons hot water non-toxic misleading since it w lize, anid poisonous 9, 1938, substance : Soak for five minutes. * to humans, animals and birds," g and the article was labeled so a rould not destroy all odors, would would not disinfect when used and was not safe under was misbranded further namely sodium SSafe-'G. borne on th s to deceive not kill all as directed Conditions. The that it consisted chloride, and the name and G. D. t D.' is s e label,. and rni germs, ; and i lot si part i o each galloff 6f afe because it is were false and lead purchasers would not steti- t was not non- hipped February illy of an inert the percentage amount thereof were not stated plainly and correctly on the label: nor in lieu thereof were the name and the percentage amount of each substance or ingredient having fungicidal (bactericidal) properties, and the total percentage of the Tierf substances so present therein, stated plainly and correctly ou the liabel: The Kemiko 5 in 1 (both shipments) was alleged to be misbranded in that the statements, "Kemiko 5 in 1 Kills Germs Disinfects Removes Odors A Sterilizing Agent ** Removes all odors. [folder] Disin- fects Kills Germs Sterilizing Agent. A little 5 in 1 in water as a wash or spray makes everything 'Hospital Clean' 5 in 1 was developed by scientists to be more than a cleaner-it cleans, disinfects and deodorizes all in one operation. It is its kind on the market. swings, feed and water a heaping teaspoonful heaping tablespoonful ol rooms, cages, shipping manufactured under patent and is the only product of For proper cleaning of bird cages, bottoms, perches, cups, of 5 in fincrates, crates, concrete, gravel, cinder etc.). sprinkling runs. 5 in 1 is most surfaces use cold or lukewarm is harmful to paint and varnisi five minutes in a hot above. and powers Wa clothes, and diapers. to prevent contagion. 5 in is an shing Wash One wash thoroughly in a solution o0 1 in quarts of water. to two quarts of water whelping boxes, pens, An ordinary sprinkling efficient in hot water but. water only. fHot water to sp and i can on pa Shot water, using * * ray or wash cage runs (dirt, grass, may be used for inted or varnished without anything in it Sterilize feed and water pans by soaking for 1 solution. Use same amount of 5 efficient antiseptic disinfectant with and sterilizing as well as deodorizin ing and sterilizing dishes, especially heaping tablespoonful of 5 in 1 in t in 1 as directed full germ killing g babies' bottles, during sickness, wo quarts of hot water will take care of all above conditions," borne on the label, and misleading, and it was labeled so as to deceive and mislead r since it would not prevent contagion, it did not have full germ-killii it would not kill all germs, it would not remove all odors, it would everything 'hospital clean,' it was not a sterilizing agent, it would nc and it was not an effective disinfectant in the dilution specified. The G. D. Cleaning Powder (both shipments) was also alleged branded under the Food and Drugs Art as amended, as reported in *- -* .. i were false purchasers, ng powers, not make It sterilize, to be mis- notices of , 474 NSEOTIOIDE ACT . runways. Disinfects-'G. D.' is widely used in dog and cat hospitals, kennels, catteries and by veterinarians, where an effective disinfectant is vitally essential. Kills Germs-'G. D.' will kill germs in the presence of organic matter, assuring healthful surroundings. Sterilizing Agent-'G. D.' may be used effectively for the sterilization of instruments, hospital equipment, pots and pans. It is absolutely safe and efficient. Ecouomical-'G. D.' is economical because it cleans, disinfects, removes odors, kills germs and steri- lizes. All these five functions in one operation. It is the only known product of its type on the market. Contents of this package should make atj gallons of 'G. D.' solution. To sterilize laboratory instrumentsass- ware, microscopic slides, centrifuge tubes, etc. Use %% (% oz. G. D. t"galITon of water bv weight) solution at a temperature of 140 F. Soak for five niifftftes. f31-1745] NOTICES JUDGMENT 475 used-.as directed. Its required by law. The Compound, the Deodora ingredient statements -*alsely represented to Disinfectant possessed The cans containing tl declared weight and tl of the declared volume. flisinfectant, the Pine label label also failed for the Coal to bear an ingredient statement as Tar Disinfectant, the Coil Cleaning nt Disinfectant, and the Pine Disinfectant did not is required by law. The Coal Tar Disinfectant possess a higher phenol coefficient and the Deod t lower phenol coefficient than that stated on the e Glassware Sterilizer were found to be short o ose containing the Deodorant Disinfectant were The labels for the Glassware Sterilizer, the Deod Tree Disinfectant, and the Glass Sterilizer bore efficacy claims. , .On November 21, 1935, and Jul District of New Jersey, acting u mied in t.he district court inform. thae Ritz Chemical Co., Newark, r .,gust 27, 1937, and May 11, Ju 1938, he transported in interstate g ..New, York and Pennsylvania, pound, Ritz High Coefficient Coal Opmpound, Ritz Glassware Steril .inf.ectant, Ritz Pine Tree D ...e .emsbranded fungicides with ne 6, ipon tions . J., me 6, cc q T IZ isi in ,^The.,.Beer Coil Cleaning Compoun as tements, "Does not contain any water ...sterilizes glassware. Quick germs," were false and misleading, s..d mislead purchasers since it did fthan ,.used as directed, it would a,.hacteria germs. Misbranding o 1939, the reports b against alleging I July 26, United States y the Secretar Walter L. SchI that on or aboi September 10, )mmerce from New uantities of Ritz ar Disinfectant i2 r 2 shipments), I nfectant, and Rit: the meaning of th id was alleged to t lye an and con not f th * One t d positive. * the article was tain lye, namely sterilize glassw is product aud ( designated as "Coil Cleaning Compound" was alleged in .ted: partially of inert substances or ingredients, namely Sodtzm hydroxide and sodi .frthe inert substances or A..e-label; nor in lieu there AubAtances or ingredients tetal 'percentages of the correctly on the labels. l-'kt.e Ritz High Coefficien Itt..t it consisted partial atto y of wartf ut Mi and bear was orant label. f the short orant false rney for the Agriculture, ., trading as arch 7, 1935, October 10, ark, N. J., into the States Beer Coil Cleaning Cornm- shipments), Coil Cleaning Ritz Perfection Deodorant z Glass Sterilizer, which e Insecticide Act of 1910. e misbranded in that the ?aspoonf * Ki labeled , sodium are and )f the p ul to a lls all so as to Shydrox would product t that the substance basin of bacteria deceive ide, and not kill hat was articles con- other than um carbonate, and the names and percentage amou ingredients were not stated plainly and correctly of were the names and the percentage amounts of having fungicidal (bactericidal) properties, and inert substances or ingredients, stated plainly i t Coal Tar Disinfectant was y of and the name and the percent correctly on the label; nor in &momats of the substances or in erties, and the total percentage thereie stated plainly and corre ittrei:in that the statement alleged to be misbranded an inert substance or ingredient, namely, water, ge amount thereof were not stated plainly and lieu thereof were the names and percentage gredients having fungicidal (bactericidal) prop- of the inert substance or ingredient so present ctly on the label. This product was misbranded "High Coefficient Coal Tar Disinfectant," with zie8pect*to one of the shipments, and the statements Disinfectant Minimum Coefficient 16 * Uge. one part of High Coefficient to 320 parts of other shipment, were false and misleading and it v afmislread the purchaser, since it was not a high Sh1% latter shipment did not have a minimum coe aM effectivee disinfectant in the dilution specified. S.....The Ritz Glassware Sterilizer was alleged to statements, "Glassware Sterilizer Clear is Sterilizes "High Coefficient Coal Tar * Disinfectant * water," with respect to the ras labeled so as to deceive coefficient disinfectant, and efficient of 16 and was not be misbranded * Ritz that the Sterilizer 476 INSECTICIfDE ACT and the name and percentage amount of the said substance were plainly and correctly on the label; nor in lieu thereof were the [N. J., I, F., not stated name and percentage amount of each and every substance or ingredient .having fungicidal (bactericidal) properties, and the total percentage of the inert substance or ingredient so present therein stated plainly and correctly on the label. This product was misbranded further in that the statements, to wit, "Coefficient 6 * Germicide for general use. A valuable preparation having Deodorizing, Disinfecting and Antiseptic Properties Directions This Modern Finger-Tip Atomizer Spray from bottles in your Taprooms, Clubs, Restaurants, Hotel Lobby, Kitchen, Toilet, Dining Room or any public place. Repeat Spray- ing as long as necessary. Deodorizes While It Disinfects An efficient disinfectant A Better Theatre and tends to combat infection obnoxious odors and vermin * were false and misleading, and mislead purchasers, since it post it would not disinfect rooms an Spray. Does not injure fabrics. or contagion. Combats Contents One Quart," borne ( the article was labeled so as to sessed a phenol coefficient of much d objects when used as a spray of R and on t] dece less the Sres' es he label, eive and than 6, atmos- here, it would not combat and dispel all obnoxious odors and vermin, and the net contents of each can were less than 1 quart. I The Ritz Pine Tree Disinfectant was alleged to be misbranded in that it consisted partially of an inert substance or ingredient, water, and the iname and percentage amount of the said substance were not stated plainly and correctly on the label; nor in lieu thereof were the name and percentage amount of each substance or ingredient having fungicidal (bactericidal) prop- erties, and the total percentage of the inert substance or ingredient so present therein, stated plainly and correctly on the label. This product was alleged to be misbranded further in that the statement, "Disinfectant * part of Pine Tree to 60 parts of water," borne on the label, was false anid misleading, and it was labeled so as to deceive and mislead purchasers, since it was not an effective disinfectant in the dilution specified. The Glass Sterilizer was alleged to be misbranded in that the statements, "Glass Sterilizer, Cleans Sterilizes Glassware Sterilizer. * Ritz Sterilizer Directions. To obtain high sparkling Glass, use one teaspoonful of Ritz Glassware Sterilizer to a basin of water Ritz is used for sterilizing all kinds of Glassware, Ritz Sterilizes Bar Fix- tures, Drain Boards and all Tin, Zinc, Brass, Copper, Glass, Marble and Porce- lain, Dishes Ritz Sterilizes," borne on the label, were false and mis- leading and the article was labeled so as to deceive and mislead since it was not a sterilizer and would not sterilize the objects ant mentioned above. The Beer Coil Cleaning Compound and Coil Cleaning Compound alto wre alleged to be misbranded under the Federal Caustic Poison Act, as reported in notice of judgment No. 97 published under that act. 1 ;i On January 26, 1940, these cases having been consolidated and a plea of guilty having been entered to the combined information, a flue of $146 was imposed, and a further fine of $1,260 was imposed but payment was suspended and the defendant was put on probation for 2 years. " CLAUDE B. WIOKA&I, Acting Secretary of Agriczuture. 1738. Misbranding of Nicostick (nicotine and fish oil soap) and adulteratlon and misbranding of Nicostick (nicotine and soap). IU. S.v. Garden Hose Insecticide Co. Plea of guilty. Fine, $100. (I. & F. No. 2164. Sample Nos. 54255-D, 54299-D.) . The circular shipped with the Nicostick (nicotine and fish oil soap) bore false efficacy claims and it failed to bear a correct ingredient statement. as a 1431-17451 NOTICES JUDGMENT 477 '(nicotine and soap) which was an adulterated and misbranded insecticide within the meaning of the Insecticide Act of 1910. -Both products were alleged to be misbranded in that the statements, "Kill the Bugs with your Garden Hose The 'Simplex' Garden Hose Sprayer * makes spraying * Effective they love to hide. * tridge into the cartridge cha and you are ready to spray. the control of other poultry houses spray with Nic circulars accompanying both 40%," borne on the carton c( Nicostic mber, at Nicostic sucking stick 01 * This gets ;k Just tach the garden h .k is an ideal and insects. * * rub cartridge on the inser ose, effec To ki roost! products and the statement "N )ntaining the Nicostick nicotinen in t tu ti .11 s,1 ic ie .false and misleading; and that by reason thereof they were deceive and mislead purchasers, since they would not control a a'nd would not control lice and mites in poultry houses when and Nicostick (nicotine and soap) contained less than 40 perci alkaloid. The Nicostick (nicotine and fish oil soap) was al branded further in that it consisted partially of inert substance and the name and percentage amount of each and every in ingredient were were the name having insectici Or ingredients s The Nicostick not stated plainly and correctly o and the percentage amount of dal properties, and io present therein s (nicotine and soap) Statement "Nicotine as alkaloid 40%," standard and quality of the article wei loid in a proportion of not less than 40 fell below the professed standard and it contained nicotine as alkaloid in a *Oin February 21, 1940, a plea of gu imposed. the total n the each sects right where a Nicostick car- rn on the water ve insecticide for lice and mites in ' contained in the otine as Alkaloid and soap), were labeled so as to II sucking insects used ?nt leg 'es Lert label; nor substance , 'S in or as directed, nicotine as to be mis- ingredients substance or lieu thereof ingredient percentage of the inert substances ated plainly and correctly on the label. was alleged to borne on the re such that it Percent; where quality under proportion less ilty was entern be ad label, conta eas it which than ulterated in that the represented that the ined nicotine as alka- s strength and purity h it was sold in that 40 percent. d and a fine of $100 was CLAUDE R. WICKARD, Acting Secretary of Agriu lture. 1789. Misbranding of Slip-Easy Hen U. S. v. Riverside Chemical which was later suspended. 52088-D.) a Hot Co. (I. use Spray and SIp-Easy II Plea of nolo contendere. I & F. No. 2150. Sample Nos. deodorant. FPine, $25, 52087-D, The labeling of the Slip-Easy Hen House Spray bore false and misleading representations regarding its efficacy in the control of certain insects. The con- Stainers for the Slip-Easy Deodorant were found to be short in measure, and the label failed to bear the ingredient statements required by law. On September 18, 1939, the United States attorney for the Western District of New York, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the Riverside Chemical Co., a corporation, North Tonawanda, N. Y., alleging shipment in interstate commerce on or about February 15, 1939, from North Tonawanda, N. Y., into the State of Pennsylvania of a quantity of Slip-Easy Hen House Spray that was a misbranded insecticide aid fungicide, and of a quantity of Slip-Easy Deodorant that was a misbranded fungicide, within the meaning of the Insecticide Act of 1910. . The Slip-Easy. Hen House Spray was alleged to be misbranded in that the 'statement's, "Slip-Easy Hen House Spray Directions Spray the inte- rior of the poultry house, dropping boards and roosts with Slip-Easy Hen House Spray, it will rid the poultry house of lice, mites, flies, etc. To keep your poul- try houses in a sanitary condition use Slip-Easy Hen House Spray," were false and misleadinr.g, and the article was labeled so as to deceive and mislead our- INSECTICIDE ACT ingredient having fungi'cidal (bacterieidSl) pre.rties, and the total of the inert substances or ingredients, stated plainly and correctly o On January 8, 1940, a plea of nolo contendere was entered and a was imposed. On January 23, 1940, the court ordered that payment be suspended. CLAUDE R. IWICKMD, Aoting Secreta y of Agriculture. 1740. Misbranding of V. E. T. Skin Remedy. U. S. x. George T. Lambert, avid Pereira, and George D. Lambert (The Creseent-Kelvan Co.). Pleas of nolo contender. Fines, $250. (I. & F No. 2099. Sample No. 29929-D.) The labeling of this product bore false and misleading representations regard- ing its effectiveness in the control of certain insects, and ft also failed to declare the inert ingredients, as required by law. On April 14, 1939, the United States attorney for the Eastern District of Penn- sylvania filed an information against George T. Lambert, David Pereira, and George D. Lambert, trading as the Crescent-Kelvan Co., a business trust, Phila- delphia, Pa., alleging shipment by said defendants on or about June 10, 1938, from the State of Pennsylvania into the State of New Jersey, of a quantity of V.E.T. Skin Remedy which was a misbranded insecticide within the meaning of the Insecticide Act of 1910. The article was alleged to be misbranded in that it consisted partially of inert substances or ingredients, namely, water and alcohol, which do not prevent, destroy, repel, or mitigate insects and the name and percentage amount of each inert substance ora.ingredient 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 insecticidal properties and the total percentage of the inert substances or ingredients so present therein stated plainly and cor- rectly on the label. It was alleged to be misbranded further in that the state- ment "Skin Remedy For Mange," borne on th was false and.misleading and by reason thereof it was labeled so as to deceive and mislead the purchaser since the said statement represented that it would be an effective treatment or skin remedy for all varieties of mange ; would not be an effective treatment or skin remedy for all varieties The information also charged misbranding of this article and adultery aon an kisbranding of various drig products shipped by the defendants in violation of the Food and Drugs Act, as reported in notice of judgment No. 30990 published under that act. On December 8, 1939, the defendants entered pleas of nolo cotufendere. January 5, 1940, the court imposed a fine of $250 for violation of both acts, said fine to be apportioned equally among the three defendants. CLAUDE R. WICtIa, Acting Sewwary of Agriculture. 1741. Adulteration and nmisbranding of insect powder. U. S. v. Jo Tumbler (J. A. Tumbler Laboratories). Plea of guilty. Fine, costs. (I. & F. NO. 2157. Satile No. 51644-D.) . This product contained a smaller percentage of actve ingredients th stated on the label; and a mixture of insect powder, cube root powder, an had been substituted for insect powder. The label also failed to bear ti dient statements required by law. . On October 11, 1939, the United States attorney for the District of M acting upon a report by the Secretary of griititure, filed in the distri an information against Joseph A. Tumblt fr dang as the J. A. Tumbler toriesg at Baltimore, Md., alleging slbpmtiX in interstate commerce on February 16, 1939, from Baltimore, Md., into the State of Pennsylvan n"n ov rn T .'ifn.h inC T Enc~w -.n T .n n.f. A4 n tm am w n nt I, n..-k K,.. n A n A 4 n 4. seph A. $25 ant 'an that id borax ie ingre- aryland, ct court Labora- r about ia, of a .. fl Sifl I n 478 LiN. .T., I. P. percent e n the label. fine of $25 of the fine 1731-17451 NOTICES OF JUDGMENT 479 thereof were the name and percent having insecticidal properties, and or ingredients, stated plainly and On January 16, 1940, a plea of g was imposed. , CLAUDE R. tage amount of each substance or ingredient the total percentage of the inert substances correctly on the label. guilty was entered and a fine of $25 and costs WICKARD, Acting Secretary of Agriculture. 1742. Misbranding of Seient of guilty. Fine, $14 The label for this product On March 2, 1939, the Uni acting upon a report by the an information against the tie Fly Spray. U. 00. (I. & F. No. 208 bore false efficacy ted States attorney Secretary of Agric All-Nu Products Cc 3 S. * v. All-Nu Products Co. Sample No. 16151-D.) Plea claims. Sfor the District of N'ew Jersey, culture, filed in the district court ., a corporation, Camden, N. J., alleging shipment in interstate commerce on or about February 12, 1938, from Camden, N. J., into the State of Louisiana, of a quantity of Scientific Fly Spray which was a misbranded insecticide within the meaning of the Insecticide Act of 1910. The article was Fly Spray Kills Fl close doors and wi for larger rooms) insects and leading, and deceive and as directed. * On Febru, imposed. alleged to be misbranded in ies. Mosquitoes, moths * undows and spray towards ( until room is well filled w that the statements, * Directions: For fl ceiling 4 ith fine (spray mist. destroy. Repeat operation when necessary," were by reason of the said statements the article was mislead purchasers, since it was not effective to kill 19, 1940, a plea of guilty was entered aMa greater Sweep ientific * * quantities up fallen false and mis- abeled so as to flies when used fine of $100 was CLAUDE R. WICKARD, Acting Secretary Agriculture. 1743. Misbranding of formaldehyde. U. S. v. Middlebrooke Lancaster, Inc. of guilty. Fine, $50. (I. & F. No. 21-17. Sample No. 47348-D.) Plea -This product as required by On December New York, acti district court a contained inert ingredients which were not declared on the label the law. 27, 1939, the United States attorney for the Eastern District of ng upon a report by the Secretary of Agriculture, filed in the n information against Middlebrooke Lancaster. Inc.. Brooklyn. -s-p N. Y., alleging shipment by the said about March 11, 1939, from the State of a quantity of formaldehyde which meaning of the Insecticide Act of 1910 The article was alleged to be mist inert substances or ingredients, nam name and percentage amount of each on the label; nor in lieu thereof were substance or ingredient having fung total percentage of the inert stated on the label. On January 5, 1940, a plea c and a fine of $50 was imposed. substa S 5' company in interstate commerce on or of New York into the State of Maryland. was a misbranded fungicide within the led in that it consisted partially ely, water and methyl alcohol, and the of said inert substances were not stated Sthe name and percentage amount of the icidal (bactericidal) properties, and the nces or ingredients so present therein, )f guilty was entered on behalf of the defendant CLAUDE R. WICICARD, Acting Secretary Agriculture. 1744. Misbranding of Shell Miil-Du-Spra. IUT. S. v. 10 Cans and 87 Cases of Shell Mil-Du-Spra. Consent decrees of condemnation and forfeiture. Product released to claimant for relabeling. (I. & F, Nos. 2162, 2165. Sample Nos. 56307-D, 76398-D.) This product in each of the two shipments contained substances that would be | 48f0 INS CTICIDE A C and June 6, 1939, by the Shell Oil Co., from Martinez and San respectively; and charging that the article was an adulterated fungicide within the meaning of the Insecticide Act of 1910. [N. J., I.F. Francisco, Calif., and misbranded Adulteration of the article min each of the three shipments was aUlleged in that it was intended for use on vegetation, and it contained a substance or sub- stances that would be injurious to such vegetation when so used. The article in all shipments was alleged to be adulterated further in that its strength and purity fell below the professed standardtand quality under which it was sold, namely, (pint, quart, and gallon cans) "Active Ingredients-93.70% by weight, Water-5.30% by weight;" (half-pint cans) "Xctive Ingredients-93.70% by weight, Inert Ingredients-6.30% by weight." The article in the pint cans, quart cans, and gallon cans was alleged to be misbranded in that the statements, "Active Ingredients-93.70% by weight, Water-5.30% by weight," were false and misleading and it was labeled so as to deceive and mislead the purchaser, since it contained active ingredients in a proportion less than 93.70 percent and water in a proportion greater than 5.30 percent. The article in the half-pint cans was alleged to be misbranded in that the statements, "Active Ingredients-93.70% by weight, Inert Ingredients 6.30% by weight," were false and misleading and it was labeled so as to deceive and mislead purchasers, since it contained less than 93.70 percent by weight of active ingredients, and inert ingredients in a proportion greater than 6.30 percent. The article in all of the cans was alleged to be misbranded further in that the statements, (half-pint, quart, and gallon cans) "Shell Mil-Du-Spra Soluble Garden Spray A Concentrated Copper Solution in Oil For The Spraying of Gardens, Nurseries and Ornamentals," (pint, quart, and gallon cans) "For use with Shell Nicona Sprayer in the control of Mildew, Blackspot, Peach Leaf Curl," (half-pint cans) "For Use Only with Shell Nicona Sprayer in the Control of Mildew, Blackspot, Peach Leaf Curl," borne on the labels, were false and misleading, and it was labeled so as to deceive and mislead purchasers, since it was not a concentrated copper solution and, when used as directed, it would not control mildew, blackspot, or peach leaf curl. The article in the half-pint cans was alleged to be misbranded further in that it contained inert substances or ingredients, and the name and percentage amount thereof were not stated plainly and correctly op the label; nor in lieu thereof were the name and per- centage amount of each substance or ingredient having fungicidal properties, and the total percentage of the inert substances or ingredients so present therein, stated plainly shipped to Reno, Nev., correctly upon the label. article in was alleged to be misbranded further in tha ment "Net Contents 1 Quart," borne on the label, was false a since each of said cans contained less than 1 quart of the artic] shipped to Reno, Nev., was alleged to be misbranded further in ment, "For use with Shell Nicona Sprayer in the control of Rot," borne on the label, was false and misleading and the article as to deceive and mislead purchasers, since it would not control On February 8 and March 20, 1940, the Shell Oil Company h as claimant and having consented to the entry of decrees, jud demnation and forfeiture were entered and it was ordered that delivered to the claimant for relabeling, so as to comply with the of 1910. cLAUDE B. WIcKAUD, Acting Secretary o mnd le. tha ** Wa quart cans t the state- misleading, The article t the state- Brown s labeled so brown rot. having appeared gments of con- the product be Insecticide Act f Agricuhtre. 1i45. Misbranding of Hokol. UI. S. v. Lionel Hlockwald and Sigmund S. Heck- wald (Hockwald Chemical Co.). Tried to the court. Judgment of gity. Fine, $250. (I. & F. No. 2075. Sample No. 1S02XD. of 1910. 1731-1745] NOTICES OF JUDGMENT 481 with water for all ge rating Room For HB is high in germicidal Insttu lion-co All Ge the ut Hokol label, for O would be an would On Insect is to neral d and Sol strength [isinfecting and utions-* h, yet lo' cleansing purposes. * For in toxicity ments-Hokol makes a solution in water i rrosive to metals. In Rooms and Wards For neral Disinfecting-* For use in washi ility room. Hokol is without equal. * is safe and thorough. It cannot harm hun were false and misleading, since it would not I erat ing room would not carbolize, would not be an effective disinfectant effective disinfectant in the utili not be a suitable disinfectant June 13, 1939, the defendants fi icide Act of 1910 does not p kill bacteria. After the fil Government, opinion. On the defendant the informati term "fungi" whether the the court September t having v on were si as used it article w behalf of the Governmen guilty. On February 10, fine of $125. on Septe 8, 1939, vaived a cipulated, n the act n rop ing iberi the trir the e I' The Op- General Carbolizing-Hokol . For Disinfecting Surgical 13 Di ng Fo ran be no for washing bed ty room, would for obstetrical led a demurrer, rly apply to disi of arguments b 6, 1939, overrul any propo sinfecting bed-pans, 1 r Obstetric tissue," t an effective t disinfect -pans or linen not be hygiene on thl nfectan y defei ed the on. It is ensils and mns and in Hygiene- ne on the isinfectant struments, would not without equal, and e. e grounds that the its, whose function ndants and by the demurrer without case came on for trial before the court, by jury. Most of the facts alleged in only issues remaining being whether the includes bacteria fungicide. and 1940, Evidence causing human having the defendant, the court the court sentenced each been disease introduced found the defendants Defendant to pay a CLAUDE R. INDEX TO WICKARD, Acting Secretary of NOTICES OF JUDGMENT 1731-1745 Ansbacher's Ansbor: N. J. No. Anshor Dust: .nshauater-Siegle Corporation_- 1733 Coil cleaning compound: Ritz Chemical Co....- 1737 Schwartz, W. L..---------- 1737 Formaldehyde: Middlebrooke Lancaster, Inc.- 1743 G. D. CleaninR Powder: Kemiko Manufacturing Co.- 1736 Hokol: Hockwald Hockwald, Hockwald, Insect powder: Tumbler. Tumbler, Kemiko 5 in 1: Kemiko M Kotoproof: Universal Chemical Co ----- 1745 Lionel------------ 1745 S. S--------- 1745 r. A -------- J. A., Laboratories_ manufacturingg Co--- Chemical Laborato- rules, Inc .--------------- Niagara Copotex: . Suspenso Lead Arsenate: SVegetable Garden Dust or Spray : Niagara Sprayer & Chemical Co., Inc- ----------------- 1 Prosecution contested. 2Contains an opinion of the court. 1741 1741 1736 21732 1734 Nicostick (nicotine and fish oil soap) : (nicotine and soap) Garden Hose Insecticide Co... -- Pynosol: Pynosol Laboratories, Inc---_- Ritz Beer Coil Cleaning Compound: Coal Tar Disinfectant Deodorant Disinfectant: Glass Sterilizer: Glassware Sterilizer: Pine Disinfectant : Ritz Chemical Co......-------- Schwartz, W. L ...------- Scientific Fly Spray: All-Nu Products Co-----......-... Shell 1il-Du-Spra : Shell Oil Co .............. _- ----- Slip-Easy Deodorant: Hen House Spray: Riverside Chemical Co----......- Termox Roach Destroyer: Termo Chemical Co------ - V E. T. Skin Remedy: Crescent-Kelvan Co-------- Lambert, G. -------------- Lemhert, G. T...---------- Pereira, David ....... ....... 1738 1731 1737 1737 1742 1744 1739 1735 1740 1740 1740 1740 Agriculture. UNIVERSITY OF FLORIDA 111 1111 0IHIlll l1111 3 1262 08582 4992 ii |