1019. Adulteration and misbranding' of sterile solution of chorionic gonadotropic
hormone.     U.   S.   v.   Tuteur   &   Co.,   Inc.     Plea  of  guilty.     Fine,   $750.
(F. D. C. No. 8775.   Sample No. 22909-F.)
On July 30, 1943, the United States attorney for the Southern District of New
York fi'ed an information against Tuteur & Co., Inc., New York, N. Y., alleging
shipment on or about August 26,1942, from the State of New York into the State
of Pennsylvania of a quantity of the above-named product which was adulterated
and misbranded.
The article was alleged to be adulterated in that its strength differed from and
its quality fell below that which it purported and was represented to possess,
since it purported and was represented to possess, in each 10 cc. thereof, a
physiological activity equivalent to 5,000 International Units of chorionic gonado-
tropic hormone, and, in each cubic centimeter thereof, a physiological activity
equivalent to 500 International Units of anterior pituitary-like sex hormone,
whereas the article possessed, in each 10 cc, a physiological activity equivalent
to not more than 1,650 International Units of chorionic gonadotropic hormone,
and, in each cubic centimeter, a physiological activity equivalent to not more
than 165 International Units of anterior pituitary-like sex hormone.
It was alleged to be misbranded in that the statements, "10 cc. * * *
Package 5,000 International Units Sterile Solution Chorionic Gonadotropic Hor-
mone * * * Contains Anterior pituitary-like sex hormone standardized to a
potency of 500 International Units per cc," borne on the label, were false and
misleading.
On August 12, 1943, the defendant having entered a plea of guilty, the court
imposed a fine of $375 on each of the 2 counts in the information, a total of $750.