1012. Adulteration and misbranding of salicylate soda, strychnine sulfate,
Rheumatic No. 3, phenobarbital tablets, and acetanilid, caffeine and
sodium salicylate compound tablets. U. S. v. Charles Killgore Co., Inc.
Plea of guilty. Fine, $1,000. (F. D. C. No. 7659. Sample Nos. 84880-E,
84881-E, 84943-E, 84944-E, 90441-E.)
The Rheumatic No. 3 Tablets and the acetanilid, caffeine and sodium salicylate
compound tablets differed from their own declared standards of strength and
quality. The remainder of the products were sold under names recognized in
the National Formulary and differed in strength from the standards prescribed
in that compendium.
On April 5, 1943, the United States attorney for the Southern District of New
York filed an information against the Charles Killgore Co., Inc., Yonkers, N. Y.,
alleging shipments on September 8 and December 1 and 4, 1941, from the State
of New York into the States of Connecticut, New Jersey, and Rhode Island of
quantities of the above-named drugs which were adulterated and misbranded.
The salicylate soda tablets were alleged to be adulterated in that they pur-
ported to be and were represented as a drug the name of which is recognized
in the National Formulary, but their strength differed from the standard set
forth in that compendium since each tablet contained the equivalent of not
more than 89 percent of the labeled amount of sodium salicylate, whereas the
National Formulary provides that tablets of sodium salicylate shall contain
not less than 91 percent of the labeled amount; and their difference in strength
from the standard was not plainly stated on the label. They were alleged to be
misbranded in that the statement "Salicylate Soda 5 grains," appearing on the
label, was false and misleading.
The strychnine sulfate tablets were alleged to be adulterated in that they
purported to be and were represented as a drug the name of which, tablets of
strychnine sulfate, is recognized in the National Formulary, but their strength
differed from the standard set forth in that compendium since ea^ch tablet con-
tained the equivalent of not more than 79.2 percent of the labeled amount of
strychnine sulfate, whereas the National Formularly provides that tablets of
strychnine" sulfate of this size shall contain not less than 91 percent of the labeled
amount of strychnine sulfate; and their difference in strength from the standard
was not plainly stated on their label. They were alleged to be misbranded in that
the statement "Strychnine Sulph 1-30 gr.," appearing on the label, was false
and misleading.
The Rheumatic No. 3 Tablets were alleged to be adulterated in that their
strength differed from and their quality fell below that which they purported
and were represented to possess, since each tablet was represented to contain 7-
grains of soda salicylate, i. e., sodium salicylate, whereas each tablet contained
not more than 6.18 grains of sodium salicylate. They were alleged to be mis-
branded in that the statement "Soda Salicylate 7? grs.," appearing on the
label, was false and misleading.
The phenobarbital tablets were alleged to be adulterated in that they purported
to be and were represented as a drug the name of which is recognized in the
?See also Nos. 1002, 1003.
National Formulary, but their strength differed from the standard set forth in
that compendium, since each table contained the equivalent of not more than
85.1 percent of the labeled amount of phenobarbital, whereas the National
Formulary provides that tablets of phenobarbital of this size shall contain not
less than 92.5 percent of the labeled amount of phenobarbital; and their difference
in strength from the standard was not plainly stated on the label. They were
alleged to be misbranded in that the statement "Phenobarbital 1? gr.," appearing
on the label, was false and misleading.
The acetanilid, caffeine and sodium salicylate compound tablets were alleged
to be adulterated in that their strength differed from and their quality fell below
that which they purported and were represented to possess, since each tablet was
represented to contain 2? grains of acetanilid and 1? grains of sodium salicylate,
whereas each tablet contained not more than 2.22 grains of acetanilid and not
more than 1.19 grains of sodium salicylate. They were alleged to be misbranded
in that the statement, "Acetanilid 21-2 grs. * * * Sodium Salicylate 1, 3-4
grs.," appearing on the label, was false and misleading.
On May 28,1943, the defendant having changed his original plea of not guilty
to a plea of guilty, the court imposed a fine of $1,000.