1365. Adulteration and misbranding of potassium chloride.    U. S. v. Frederick
A. Klenk (Excel Pharmacal Co.).    Plea of guilty.    Fine, $250.     (F. D. C.
No. 9678.   Sample No. 9169-F.)
On August 3,1944, the United States attorney for the Southern District of New
York filed an information against Frederick A. Klenk, trading as the Excel
Pharmacal Co., New York, N. Y. It was alleged in the information that on or
about June 1, 1942, the defendant sold and delivered to the Columbia Medical
Laboratories, New York, N. Y., a quantity of an article labeled as "Potassium
Chloride"; that at or about the time of the sale and delivery, the defendant
furnished to the Columbia Medical Laboratories an invoice containing a guaranty
that the article was not adulterated or misbranded within the meaning of the
"Federal Food and Drug Act"; that on or about September 22, 1942, the holder
of the guaranty introduced and delivered for introduction into interstate com-
merce at New York, N. Y., a quantity of the article for delivery to Jasper, Tex.;
and that on or about January 16,1943, the defendant furnished to the Columbia
Medical Laboratories a written instrument to the effect that the guaranties on
its invoices, since the Federal Food, Drug, and Cosmetic Act became effective,
were to be considered a guaranty under that Act. The information alleged further
that the guaranty given by the defendant was false, since the article sold and
delivered under the guaranty was adulterated and misbranded.
The article was alleged to be adulterated in that its strength differed from and
its purity and quality fell below that which it purported and was represented
to possess, since it purported to be and was represented to consist of potassium
chloride tablets, whereas it consisted of ammonium chloride tablets. It was
alleged to be adulterated further in that ammonium chloride tablets had been
substituted for potassium chloride tablets.
The article was alleged to be misbranded in that the statement "Potassium
Chloride 5 Grains," borne on its label, was false and misleading; and in that it
consisted of ammonium chloride and was offered for sale under the name of an-
other drug, potassium chloride.
On August 21, 1944, the defendant having entered a plea of guilty, the court
imposed a fine of $250.