and the various impurities in same, such as magnesium oxid, magnesium carbonate, silica, etc., and the ferruginous mineral matter, are inert. We therefore suggest the following form of statement on the face of the principal label for a mixture of the above composition: Active ingredients: Nicotine__- Naphthalene___ Inert ingredients__. Per cent. We are of the opinion that a statement of the names and percentage amounts of each and every inert ingredient in a mixture of this kind is not feasible, for the reason that different lots of commercial tobacco vary to such a marked extent in sand, dirt, and denaturing substances, and different lots of commercial lime vary so much in magnesium oxid, magnesium carbonate, calcium carbonate, calcium oxide, silica, etc., that it is practically impossible to adopt one statement that can be used on the various lots of goods. * We may add that the label should be carefully gone over and any statements which are false or misleading in any particular should be removed. Respectfully, J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board. 5. Active and inert ingredients of a chicken-louse powder composed of sulphur, naphthalene, air-slaked lime, talc, and tobacco dust. DEAR SIR: * * * If the product is composed of sulphur, naphthalene, air-slaked lime, talc, and tobacco dust, then the sulphur, naphthalene, and nicotine of the tobacco dust are active, while the air-slaked lime, the various impurities in the lime, the talc, the various impurities in the talc, the tobacco other than nicotine, and the sand and dirt, together with any denaturing substances in the tobacco used, are inert. We suggest the following form of statement on the face of the principal label: Active ingredients: Sulphur---- Inert ingredients---- Per cent. You of course have the alternative of stating the names and the percentage amounts of each and every inert ingredient and the fact that they are inert; however, this is not a feasible form of statement for mixtures of this kind, since it requires not only names and percentage amounts of the materials added by you, but also the names and the percentage amounts of the various impurities in these materials, such as ferric oxid and alumina and magnesium oxid in the lime, alumina and other impurities in the talc, and sand and dirt, which are practically always present in commercial tobacco dust. Since the various impurities mentioned vary to a considerable extent in different batches of the materials, it would be practically impossible for you to adopt a statement, giving the names and the percentage amounts of each and every inert ingredient, that could be applied to all of your goods. In the statement suggested by you not only do you fail to give the names and percentage amounts of the various inert impurities in the materials used by you, but you list tobacco dust as an inert material. Tobacco dust as a whole is not inert; the nicotine is active, while the tobacco-tissue other than nicotine and any sand, dirt, or denaturing substances in the tobacco dust are in ert. Respectfully, J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board. 6. Labeling of a chicken-louse powder composed of naphthalene, tobacco, pyrethrum, and talc. GENTLEMEN : * If this mixture is composed of naphthalene, tobacco, pyrethrum, and talc, then the naphthalene, nicotine of the tobacco, and pyrethrum are active, while the talc, the tobacco other than nicotine, and the sand and dirt in the tobacco, together with any denaturing substances, such as lime, that may be present in the tobacco, are inert. The following form of statement is suggested for your consideration, which, if adopted, should appear on the face of the principal label: Active ingredients: Nicotine----- Pyrethrum__ Inert ingredients- Per cent. The following expression is noted on the new label: "For insects and bugs on plants and vines." We are of the opinion that this claim is too comprehensive, since the product would be of no service against certain insects and bugs on plants and vines. It is therefore suggested that the words "insects and bugs" be modified by some such words as "certain" or some." Respectfully, 66 J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board. 7. Labeling a chicken-louse powder composed of naphthalene, pyrethrum, tobacco powder, partially air-slaked dolomitic lime, and sand. DEAR SIR: * ** We also note that all claims relative to disinfectant and antiseptic properties have been satisfactorily removed. However, there are two statements that are still faulty. You say "Generally kills lice * as well as bugs and worms on some vines and vegetables." We are of the opinion that this should be changed to read “Generally kills lice well as some bugs and worms on some vines and vegtables." You also say on your label "To kill ticks part the wool and dust * onto the skin." This statement should be removed, since the preparation would not be effective against all ticks. Respectfully, * J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board, as 8. Labeling a chicken-louse powder composed of slaked lime, naphthalene, creosote oil, powdered tobacco, talc, and mineral red. GENTLEMEN : * * If this preparation consists of slaked lime, naphthalene, creosote oil, powdered tobacco, talc, and mineral red, we are of the opinion that the slaked lime, talc, mineral red, and all the tobacco other than nicotine are inert, while the naphthalene, creosote oil, and nicotine of tobacco are active. As the most feasible form of statement on the face of the principal label of a mixture of this composition, we suggest the following: Active ingredients: Nicotine. Creosote oil... Naphthalene- Per cent. Inert ingredients.. It is also noted that the new label claims "Designed especially for destroying lice and other vermin on poultry, animals, and plants." We are of the opinion that the expression should read "certain other forms of vermin" rather than "other vermin," since the expression as it stands is too comprehensive. Respectfully, J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board. 9. Labeling a chicken-louse powder composed of naphthalene, tobacco, sulphur, talc, and partially air-slaked lime. GENTLEMEN : We also note on your label for this product that you say Sure death to lice and other insects on poultry" and "Directions for destroying lice and other insects on poultry." We are of the opinion that this claim and the directions are too broad, since the product will not kill all insects on poultry besides lice. We suggest that the words "other insects" in both of these phrases be modified by some such word as certain," ," "some," or "many," according to which word expresses the true facts of the case. Respectfully, 66 J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board. 10. Labeling a chicken-louse powder composed of tobacco, sulphur, naphthalene, phenols, airslaked lime, sand, and magnesium silicate. GENTLEMEN: * * According to our analysis of your product, it consists essentially of tobacco, sulphur, naphthalene, phenols, air-slaked lime, sand (perhaps added in the tobacco used), and perhaps some magnesium silicate. In a mixture of this kind we are of the opinion that the sulphur, naphthalene, phenols, and nicotine are active, while the tobacco other than nicotine, the air-slaked lime, the sand, and magnesium silicate are inert. We therefore suggest the following form of statement on the face of the principal label: Active ingredients: Nicotine Naphthalene Inert ingredients. 66 Per cent. We also note on the label the statement "Excellent for freeing plants and vines of lice and insects." We are of the opinion that the word "insects" should be modified by some such word as certain" or "many," since the product will not free plants and vines of all insects. Whether or not it will free plants and vines of lice, we are unable to say in the absence of tests; however, you are responsible for the claim. We also note on the label the statements "For horses, cattle, sheep, dogs, etc.," and "For vines, bushes, garden plants, etc." We are of the opinion that these expressions as they stand are too comprehensive, since they indicate that the product will be of service for any insect that may be present on horses, cattle, sheep, dogs, vines, bushes, garden plants, etc. We suggest that these claims either be removed or that the recommendations be limited to specific insects. * Respectfully, J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board. 11. Active and inert ingredients of Bordeaux mixture paste. DEAR SIR: * While in most cases the board is of the opinion that it is necessary to state definite percentages for active and inert ingredients, we realize that for pastes such a form of statement is very impracticable. Such being the facts, we would not consider that the law was being violated if the following form of statement appeared on Bordeaux mixture paste labels: Active ingredient: Copper not less than_. Inert ingredients not more than___. Per cent. It is of course to be understood in the above statement that the figures given will closely approximate the exact percentages present and will not be absurd statements of the ingredients in question. We are not favorable to a sliding form of statement, i. e., from a certain percentage to a certain percentage, since in selling the goods it is always the tendency of the agent to claim the higher figure for active ingredients and the lower figure for inert ingredients. Respectfully, J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board. 12. False and misleading statements on Bordeaux mixture label. GENTLEMEN : * On the face of the principal label we note the statement "For blights, rots, scabs, blotches, etc.," and are of the opinion that the abbreviation "etc." should be removed and the words "blights, rots, scabs, blotches" modified by some such word as some or "certain," since the product would not be of service against all blights, rots, scabs, and blotches and the abbreviation "etc." is too comprehensive. Under the directions we note the statement "Apple blotch diseases grape We are etc., are best controlled by the use of * * of the opinion that the words "grape diseases" should be modified by some such word as "certain," "some," or "many" and the abbreviation "etc." should be removed, since Bordeaux mixture will not control all grape diseases and the abbreviation "etc." is too comprehensive. We also note the expression "The larger quantity will protect potato, grape, and other fruits" and are of the opinion that the words "other fruits" should be modified by some such word as "some" or "certain," since the statement as it stands indicates that the product is to be used on all fruits in addition to the grape. If it were used on certain fruits, such as peach and Japanese plum, it would cause serious foliage injury. We also note the expression "Use for rots, scabs, and other fungous diseases" and are of the opinion that the words "rots, scabs, and other fungous diseases" should be modified by some such word as "some," "certain," or "many," since the product would not be of service against all rots or scabs nor would it be of service against all other fungous diseases. On the first panel of the labels submitted, we note the expression "In summer spraying of fruits, it will be the best practice to use with all Bordeaux mixture a large excess of lime to prevent spray injury, ***." We are of the opinion that this should be changed to read somewhat as follows: "In summer spraying of those fruits on which Bordeaux mixture is applicable, it will be the best practice *," and that for the word "prevent" should be substituted some such words as "aid in preventing." As the statement now stands, it indicates that the product is to be used on all fruits, when in fact it should not be used on such tender foliage as that of the peach and Japanese plum. Also the statement should not be made that the addition of lime will prevent spray injury. Respectfully, J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board. 13. False and misleading statements on Bordeaux mixture label. GENTLEMEN : We also note on this label the expression "The best remedy known for blight and fungous diseases attacking potatoes, tomatoes, and grapevines; apple, pear, and peach trees; small fruits, shrubs, and vegetables." This statement is too broad in that the preparation will not control certain blights, such as fire blight of apple and pear, and is not a good remedy for all fungous diseases. Also, if the preparation were used on peach foliage and for early application on the apple, it has been the experience of this Department and others that it will often seriously injure peach foliage and often cause serious russeting of apples, and thus be adulterated under the last paragraph of section 7 of the act. We therefore suggest that the words "blight" and “fungous diseases" be modified by some such word as "some" or "many,” that the recommendation for use on peach trees be removed, and that the recommendation for use on the apple be limited to late summer applications. Bordeaux mixture, if used on apple, should be only used for late summer applications where such are necessary to control bitter rot or apple blotch. We therefore suggest that the directions for "apples" state plainly that the preparation is only to be used for such late applications. * Under directions for "Plum," we find "For curculio use No. 2 and No. 3 just before blossoms open and again after they fall." We are of the opinion that this recommendation should be removed, since it is decidedly unsafe to use Bordeaux on Japanese plum foliage and therefore it cannot be safely applied after the trees have leaved out in the spring. Here again the directions are such that if followed the product would probably be adulterated under the last paragraph of section 7 of the act. Under directions, we find "Peach same treatment as for plum." The same criticism applies to these directions as applies to the directions for "plum." * Respectfully, J. K. HAYWOOD, Chairman, Insecticide and Fungicide Board. 14. Active and inert ingredients of Bordeaux-arsenate of lead compound, and false and misleading statements in label. GENTLEMEN: * * * We regret to inform you that the statement relative to active and inert ingredients and relative to total arsenic and arsenic in water-soluble forms is not satisfactory. We are of the opinion that in this mixture the lead arsenate, exclusive of its moisture, and copper of the Bordeaux are active, while the remaining ingredients are inert. We are also of the opinion that the total arsenic and arsenic in water-soluble forms should appear in a separate statement from the active and inert ingredients. We therefore suggest the following form of statement on the face of the principal label: Active ingredients: Dry lead arsenate_ Copper of Bordeaux. Inert ingredients____ Per cent. Total arsenic (expressed as percentum of metallic arsenic) --- metallic arsenic). We note on this label the expression "* A combined insecticide and fungicide for use on all vegetation attacked by fungi and leaf-eating insects." This claim is entirely too broad, since the product cannot safely be used on the vegetation of tender plants, such as the peach and Japanese plum, and also since the product is not of service for all fungi and all leaf-eating insects. We therefore suggest that this expression be removed or modified. We note on this label the expression "This preparation is a stomach poison for all leaf-eating insects and a remedy for fungous diseases." We are of the opinion that the claim is too comprehensive and should be modified by replacing the word "all" by "most or "many" and modifying the words "fungous diseases" by some such word as "most" or "many." |