1414. Action to enjoin interstate shipment of adulterated and misbranded drugs.
TJ. S. v. Associated Laboratories, Inc., Samuel Goodman, and Benjamin
Ross.    Permanent injunction granted.     (Inj. No. 71.)
On September 13, 1944, the United States attorney for the Eastern District of
Pennsylvania filed a complaint against the Associated Laboratories, Inc., Phila-
delphia, Pa., and Samuel Goodman and Benjamin Boss, president and secretary-
treasurer of the corporation, respectively, alleging that the defendants for
several years past and at that time had been and were introducing and deliver-
ing and causing the introduction and delivery for introduction into interstate
commerce of various drugs found to be in violation of the law.
The complaint alleged further that the defendants had prepared and shipped
in interstate commerce quantities of ampuls of solution of sodium citrate that
showed a serious shortage of sodium citrate; ampuls of solution of colchicine sa-
licylate and iodide that contained less than 50 percent of the declared amount of
salicylate and iodide; sterile solution of strontium bromide that contained mold
and yeast and was contaminated with foreign particles; liver extract iron vitamin
Bi that was 90 percent deficient in its vitamin Bi content; sterile solution of
dextrose and sterile solution of calcium gluconate that contained undissolved
material; and sterilized double distilled water that contained undissolved mate-
rial and pyrogens. It was charged that each of the products so prepared and
shipped was adulterated, and that-the liver extract was also misbranded.
The complaint alleged further than an information charging the shipment
in interstate commerce of a quantity of an adulterated and misbranded drug
was filed against the corporation on December 30, 1942; and that a plea of nolo
contendere was entered on behalf of the corporation, and a fine of $100 was im-
posed. It was alleged further that since March 1941, numerous investigations
of the manufacturing plant of the defendants and analyses of samples of products
manufactured by them had been made by the Food and Drug Administration.
The analyses disclosed the existence of insanitary conditions and the presence
of filth, dust, animal excreta, and other foreign matter in and around the place
of manufacture and packing and in and around the raw materials and substances
out of which the drugs were manufactured, prepared, and packed for shipment;
that inefficiency and intolerable drug manufacturing practices and control pro-
cedures existed where the utmost of efficiency should have prevailed to insure the
integrity of drugs, some of which are hypodermically administered; that there
was lack of proper facilities for filling and sealing ampuls in order to preclude
contamination with foreign filth, fever-producing substances, and pathogenic
organisms; and that dangerous laxity in identification of stored raw materials
and drugs in process of manufacture, and other objectionable practices and condi-
tions, existed in the plant.
The complaint alleged further that the defendants, unless restrained by the
court, would continue to introduce and offer for introduction into interstate com-
merce adulterated drugs; and prayed that the defendants be perpetually enjoined
from doing so; and further prayed that a preliminary injunction be granted,
restraining the defendants during the pendency of the action.
On September 13,1944, the court entered an order to show cause why, pending
the outcome of the action, the defendants should not be enjoined and restrained.
On October 4,1944, the defendants having consented to the entry of a final decree,
a permanent injunction was entered, as prayed in the complaint.