1023. Adulteration and misbranding of calomel.   U. S. v. 7 Cartons and 14 Cartons
of Calomel. Decrees of condemnation. Product ordered released undei
bond for reprocessing. (F. D. C. Nos. 8901, 8951. Sample Nos. 16413-F,
16512-F, 25410-F.)
Examination showed that the chloride (mercury bichloride) content of one
portion of this product (7 cartons) was from 2 to 4 times the limit permitted by
the United States Pharmacopoeia, and that of the other portion was from 3.5 to
8 times such limit.
On November 20 and December 18, 1942, the United States attorneys for the
Eastern District of Virginia and the District of Colorado filed libels against 7
cartons of calomel at Richmond, Va., and 14 cartons at Denver, Colo., each car-
ton containing 100 bottles, alleging that the article, which had been consigned by
the Day Chemical Co., had been shipped on or about October 10 and 12, 1942,
from Newark, N. J.; and charging that it was adulterated and misbranded.   The
article was labeled in part :"4 Oz. * * * Calomel (Mild Mercurous Chloride)
U. S. P. XI Poison Mfd. by F. W. Berk Co., Inc., Wood Ridge, N. J. Day
Chemical Co.,    *    *    *    Contractor."
The article was alleged to be adulterated in that it purported to be and was
represented as a drug, the name of which is recognized in the United States
Pharmacopoeia, an official compendium, but its purity fell below the standard set
forth therein since the Pharmacopoeia provides that, when tested as prescribed,
the ether extract from 2 grams of calomel shall show no more chloride (mercury
bichloride) than corresponds to 0.1 cc! of 50th normal hydrochloric acid, whereas
the article, when tested by the method prescribed in that compendium, contained
more chloride than corresponded to 0.1 cc. of 50th normal hydrochloric acid.
It was alleged to be misbranded in that the statement appearing on its label,
"Calomel (Mild Mercurous Chloride) U. S. P. XI," was false and misleading since
the article was not calomel (mild mercurous chloride) U. S. P. XI.
On January 18 and 28, 1943, F. W. Berk & Co., Inc., New York, N. Y., having
appeared as claimant for the lot at Richmond, and F. W. Berk & Co., Inc., and the
Day Chemical Co. having appeared as claimants for the lot at Denver, and having
admitted the allegations of the libels, judgments of condemnation were entered and
the product was ordered released under bond for reprocessing under the super-
vision of the Food and Drug Administration.