1211. Adulteration and misbranding of zinc oxide ointment, ammoniated mer
cury ointment, and carbolic ointment. IT. S. v. The Trade Laboratories,
Inc. Plea of guilty. Fine, $200. (F. D. C. No. 11364. Sample NOB.
38279-F, 38602-F, 45450-F.)
On March 23, 1944, the United States attorney for the District of New Jersey
filed an information against the Trade Laboratories, Inc., Newark, N. J., alleging
shipment of quantities of the above-named products on or about February 13,
April 7, and May 17, 1943, from the State of New Jersey into the States of Illinois
and New York.
The zinc oxide ointment 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 strength differed from the
standard set forth therein since the compendium provides that zinc oxide ointment
shall contain not less than 18.5 percent and not more than 21.5 percent of zinc
oxide, whereas portions of the article contained zinc oxide in amounts varying
from 12.84 percent to 17.98 percent, and a portion of the article contained not
less than 22.65 percent of zinc oxide, and its difference in strength from the stand-
ard was not plainly stated on its label. The article was alleged to be misbranded
in that the statement "Zinc Oxide Ointment U. S. P.," appearing on its label,
was false and misleading.
The ammoniated mercury ointment 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, but its strength differed from the standard
set forth therein since the compendium provides that ammoniated mercury oint-
ment shall contain an amount of ammoniated mercury corresponding to not
more than 4.5 percent of Hg. (mercury), whereas the article contained ammoniated
mercury corresponding to amounts of mercury varying from 8.32 percent to
8.39 percent, and its difference in strength from the standard was not plainly
stated on its label. The article was alleged to be misbranded in that the state-
ment "Ammoniated Mercury Ointment * * * U. S. P.," borne on its labels,
was false and misleading.
The carbolic ointment was alleged to be adulterated in that it purported to be
and was represented as a drug the name of which, "Phenol Ointment" or "Oint-
ment of Carbolic Acid," is recognized in the United States Pharmacopoeia, an
official compendium, but its strength differed from or its quality fell below the
standard set forth therein since the compendium provides that phenol ointment
or ointment of carbolic acid shall contain not less than 1.8 percent of carbolic
acid, whereas the article contained carbolic acid iD amounts varying from 1.56
percent to 1.69 percent, and its difference in strength and quality from the stand-
ard was not plainly stated on its label. It was alleged to be misbranded in that
the statements "Carbolic Ointment U. S. P.," and "Net Wgt. 1 Oz.," borne on
its labels, were false and misleading since the article did not conform with the
requirements of the Pharmacopoeia, and its containers did not contain 1 ounce
net weight of the article but contained a smaller amount.
On June 26, 1944, a plea of guilty having been entered on behalf of the de-
fendant, the court imposed a fine of $200 on each of 6 counts. Payment of the
fine on 5 of the counts was suspended.