767. Adulteration and misbranding of thyroid powder. U. S. v. Martha E.
Johnston (H. H. Johnston Laboratories) and Arthur V. Jones. Pleas
of nolo contendere. Total net fines, $40; each defendant fined $100 of
which $80 was suspended.     (F. D. C. No. 6502.    Sample No. 65S65-E.)
On June 11, 1942, the United States attorney for the Southern District of Cali-
fornia filed an information against Martha E. Johnston, trading as H. H. John-
ston Laboratories at Hollywood,, Calif., and Arthur V. Jones, manufacturing
pharmacist and salesman for H. H. Johnston Laboratories, alleging shipment
rado of a quantity of thyroid powder which was adulterated and misbranded.
The article was alleged to be adulterated in that it purported to be and was
represented as a drug the name of which, i. e., thyroid, is recognized in the
United States Pharmacopoeia, an official compendium, but its strength differed
from and its quality fell below the standard set forth therein since the pharma-
copoeia provides that thyroid contain not less than 0.17 percent of iodine in thy-
roid combination; whereas it contained not more than 0.134 percent of iodine
in thyroid combination, and its difference in strength and quality from such
standard was not plainly stated on the label. It was alleged to be misbranded
in that the statement on the bottle label, "Thyroid Powder U. S. P. XI," was
false and misleading.
On June 26, 1942, the defendants entered pleas of nolo contendere, and the
court imposed fines of $100 against each defendant but suspended payment of
$80 of each of the fines, thus reducing the total amount of the fines paid to $40.