1056. Adulteration and misbranding of blue ointment.    U. S. v. Herman Achs
(Certifled     Laboratories).    Plea     of     nolo     contendere.    Fine.     $300.
(F. D. C. No. 9659.    Sample No. 23328-F.)
On July 21,1943, the United States attorney for the Eastern District of Penn-
sylvania filed an information against Herman Achs, trading as the Certified Lab-
oratories, Philadelphia, Pa., alleging shipment on or about January 11, 1943,
from the State of Pennsylvania into the State of New Jersey of a quantity of
blue ointment.
The article was alleged to be adulterated in that it purported to be and was
represented as blue ointment, a drug the name of which is recognized in the
United States Pharmacopoeia, an ofBcial compendium, but its strength differed
from and its quality fell below the standard set forth therein, since the com-
pendium provides that blue ointment shall contain not more than 11 percent
of Hg (mercury), and shall be so compounded and prepared that the globules
of mercury are not visible under a lens mangnifying 10 diameters, whereas the
article contained mercury in amounts varying from 28.8 percent to 55.3 percent,
and globules of mercury were easily visible in the article under a magnification
of 10 diameters; and its difference in strength and quality from the standard
set forth in the compendium was not stated on its label.
The article was alleged to be misbranded (1) in that the statement in its
labeling, "Blue Ointment (Mild Mercurial, U. S. P.)," was false and misleading;
(2) in that its label bore no direction for use; and (3) in that its label failed
to bear adequate warnings against use whereby it might be dangerous to health,
and against unsafe methods of application, since the article may cause irrita-
tion of the skin and its application to large areas may cause serious mercurial
poisoning, and the label did not bear warnings in such manner and form as
are necessary for the protection of users.
On August 25,1943, the defendant having entered a plea of nolo contendere, the
court imposed a fine of $300.