1000.9 GENERAL LIBRARY, UNIV. OF MICH. MAR 80 1910 S. No. 234. F. & D. No. 603. Issued March 16, 1910. United States Department of Agriculture, OFFICE OF THE SECRETARY. NOTICE OF JUDGMENT NO. 205, FOOD AND DRUGS ACT. MISBRANDING OF A DRUG-"RADAM'S MICROBE KILLER." In accordance with the provisions of section 4 of the Food and Drugs Act of June 30, 1906, and of regulation 6 of the rules and regulations for the enforcement of the act, notice is given that on the 17th day of August, 1909, in the Supreme Court of the District of Columbia, holding a District Court of the United States for said District, judgment was rendered in the case of the United States against 12 cases of Radam's Microbe Killer, wherein a libel was filed under section 10 of the aforesaid act, alleging in substance that 12 cases of a drug preparation labeled: "Radam's Microbe Killer," found and offered for sale in the District of Columbia, were misbranded by reason of the following statements appearing on the package or in certain advertising matter accompanying the same: "It is a positive and certain cure for all diseases and is guar- it cures disease." which statements are exaggerated, false, and misleading in this, that said drug preparation was not a cure for all disease, and in the form in which it was sold could not have killed the microbes of the several diseases referred to; and further misbranded in that said drug was represented as a cure for anaemia, asthma, blood poisoning, cancer, consumption, diabetes, diphtheria, la grippe, malaria, yellow fever, paralysis, pneumonia, whooping-cough, and other diseases, which representations were false and misleading in that said drug in the form in which it was prepared was not a cure for the diseases enumerated. The libel prayed process against all claimants to the said 12 cases of said drug and seizure and condemnation of the same. No claimant having appeared to make answer to the libel, the court rendered the following decree: IN THE SUPREME COURT OF THE DISTRICT OF COLUMBIA-HOLDING A DISTRICT COURT. UNITED STATES OF AMERICA, 18. TWELVE CASES LABELLED "RADAM'S MICROBE KILLER." District Docket No. 827. JUDGMENT OF CONDEMNATION. Upon motion of the United States for judgment of condemnation in the above-entitled case, and it appearing to the Court that upon the libel filed herein on June 5, 1909, the Marshal of the United States for the District of Columbia seized twelve cases and four bottles of Radam's Microbe Killer, of the total value of about seven dollars and sixty cents; and it further appearing to the Court that due service of process and notice was given to Dean Swift, Gus A. Schuldt, and R. A. Boswell, partners trading under the firm name of Dean Swift and Company, at the time of the seizure of the said cases and bottles, and that the time required by the rules of this Court for making answer in this case has expired, and no appearance being entered on behalf of the said firm of Dean Swift and Company or any other claimant of said cases and bottles, and no objection being signified to the Court; And it further appearing that the twelve cases and four bottles of Radam's Microbe Killer and each of them are branded and labelled, and that there is certain advertising matter accompanying the unit package, and that the said brands and labels and advertising matter state that the contents are a positive and certain cure for all diseases and that it will effect a cure in every instance if given a fair trial, and that it cures all diseases, and that it is the only known principle that will destroy the microbes in the blood without injury to the system, and that it is a cure for anaemia, asthma, blood poisoning, cancer, consumption, diabetes, diphtheria, la grippe, malaria, yellow fever, paralysis, pneumonia, whooping-cough and other diseases, referring in each and every case to the said Radam's Microbe Killer; And it further appearing that the said brands and labels and advertising matter upon and accompanying the said cases and bottles bear certain statements regarding the ingredients and substances contained in said food and drug which are false and misleading, and such as deceive the purchaser and the public in this, that the said food and drug is not a positive and certain cure for all diseases, and that it will not effect a cure in every instance if given a fair trial, and that it does not cure all diseases, and that it is not the only known principle that will destroy the microbes in the blood without injury to the system, and that it will not destroy the microbes in the blood without injury to the system, and that it is not a cure for the diseases above-mentioned; and it further appearing that the said cases and bottles of the said food and drug have been offered for sale in the District of Columbia, and have been transported from the city of New York, state of New York, to the District of Columbia, as claimed in the said libel; It is this 17th day of August, A. D. 1909, Adjudged, ordered and decreed: That the said twelve cases and four bottles of the food and drug in the custody of the Marshal are misbranded within the meaning of the said Act approved June thirtieth, A. D. 1906, and the statements regarding the ingredients and substances contained therein are false and misleading, as herein recited; And it is further ordered: That the said twelve cases and four bottles be, and they are hereby, condemned, and that they shall be destroyed by the said Marshal in accordance with the provisions of the said Act approved June thirtieth, A. D. 1906; And it is further ordered: That the said Dean Swift, A. Schuldt, and R. A. Boswell pay all the costs of these proceedings. The facts upon which the above seizure was based were as follows: An inspector of the United States Department of Agriculture found in the possession of Dean Swift & Company, at Washington, D. C., 12 cases of the drug heretofore described. A sample taken from this stock was analyzed in the Bureau of Chemistry of the United States Department of Agriculture. It was concluded from the analysis that the statements made concerning this preparation on the label and in the advertising matter were not justified, whereupon it appearing that the said drug was misbranded, the Secretary of Agriculture, on June 4, 1909, reported the facts to the United States Attorney for the District of Columbia, who filed the libel, with the result hereinbefore stated. 9000.9 SENERAL LIBRARY, UNIV. OF MICH. MAR 80 1910 F. & D. Nos. 436 and 437. I. S. Nos. 12814-a, 12815-a, and 12898-a. Issued March 16, 1910. United States Department of Agriculture, OFFICE OF THE SECRETARY. NOTICE OF JUDGMENT NO. 206, FOOD AND DRUGS ACT. ADULTERATION OF MILK. In accordance with the provisions of section 4 of the Food and Drugs Act of June 30, 1906, and of regulation 6 of the rules and regulations for the enforcement of the act, notice is given that on the 18th day of October, 1909, in the District Court of the United States for the Eastern District of Wisconsin, in prosecutions by the United States against the Wisconsin Butter and Cheese Company, a corporation of Elkhorn, Wis., for violations of section 2 of the aforesaid act in shipping and delivering for shipment from Wisconsin to Illinois. adulterated milk, the said Wisconsin Butter and Cheese Company entered pleas of guilty and the court suspended sentence. These cases were based upon samples of milk procured by the inspectors of the United States Department of Agriculture, on August 24, 1908, from the shipping cans after the milk had reached Chicago from the Wisconsin Butter and Cheese Company, Elkhorn, Wis., for delivery to Bendel or Bewdell Dairy Company, Chicago, Ill., and the Wm. Lowry Dairy Company, Chicago, Ill., respectively. The inspectors saw the said several shipments of milk delivered to the railroads at the point of shipment, identified each shipment with the consignor, and accompanied them to Chicago. The aforesaid samples were duly analyzed in the Bureau of Chemistry of the United States Department of Agriculture and it was found that they were adulterated in that cream, a valuable constituent thereof, had been abstracted. It appearing from the aforesaid analyses that the milk was adulterated, the Secretary of Agriculture gave notice to the Bendel |