551. Adulteration and misbranding of Sunshine Brand Powders.    TJ. S. v. Frank
W. Lavoine   (Lavoine Drug: Co.).    Plea of guilty.    Fine, $25.     (IT. D. C."
No. 4113.   Sample No. 36160-E.)
These powders contained acetanilid in excess of the amount declared on the
label. The labeling failed to bear such warnings as are necessary for the protec-
tion of users and it also failed to bear a statement of the quantity of contents.
On July 29, 1941, the United States attorney for the District of Massachusetts
filed an information against Frank W. Lavoine, trading as the Lavoine Drug Co.,
Worcester, Mass., alleging shipment on or about October 5, 1940, from the State
of Massachusetts into the State of Maine of a quantity of Sunshine Brand
Powders which were adulterated and misbranded.
Adulteration was alleged in that the strength of the article differed from that
which it purported and was represented to possess since each powder purported
and was represented to contain 2 grains of acetanilid; whereas each powder
contained approximately 3.158 grains of acetanilid.
Misbranding was alleged (1) in that the labeling did not bear adequate warn-
ings against unsafe dosage or methods or duration of administration in such
manner and form as are necessary for the protection of users, since frequent or
continued use might cause serious blood disturbances, anemia, or collapse; (2)
in that it might be dangerous if administered to children, and its labeling did
not bear a warning that it should not be given to children; (3) in that the
statement "Each powder contains 2 grains Acetanilid," borne on each of the boxes
and envelopes, was false and misleading; and (4) in that it was in package form
and did not bear a label containing an accurate statement 'of the quantity of the
contents in terms of weight or numerical count.
On December 15, 1941, a plea of guilty was entered on behalf of the defendant
and the court imposed a fine of $25.