1458. Adulteration and misbranding: of Broncotol and tincture of nnx vomica.
V. S. v. Standard Pharmaceutical Corporation.    Plea of guilty.      Fine.
$1,000 and costs.     (F. D. C. No. 14296.    Sample Nos. 35938-F, 35941-F.)
On February 23, 1945, the United States attorney for the District of Maryland
filed an information against the Standard Pharmaceutical Corporation, Balti-
more, Md., alleging shipment of quantities of Broncotol and tincture of nux
vomica from the State of Maryland into the State of Georgia on or about January
14 and February 3,1944.
The Broncotol was alleged to be adulterated in that" its strength differed from
that which it purported and was represented to possess, since it was represented
on its label as containing ^ grain of codeine phosphate per fluid ounce, whereas
it contained 0.651 grain of codeine phosphate per fluid ounce. It was alleged to
be misbranded in that the label statement, "Each fluid ounce contains Codeine j
Phosphate ? grain," was false and misleading.
The tincture of nux vomica 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 official standard since the Pharmacopoeia provides that "Tincture of
Nux Vomica yields from each 100 cc, * * * not more than 0.125 Gm. of strych-
nine," whereas the article yielded from each 1C0 cc. not less than 0.135 gram of
strychnine; and its difference in strength from the standard was not plainly
stated, or stated at all, on its label. The article was alleged to be misbranded in
that the label statement, "Tincture Nux Vomica * * * U. S. P. * * *
Each 100 cc. contains not * * * more than 0.125 Gm. of Strychnine," was
false and misleading.
On March 16,1945, a plea of guilty having been entered on behalf of the defend-
ant, the court imposed a fine of $250 on each of 4 counts of the information, a
total fine of $1,000, plus costs.