2011. Action to restrain the Interstate shipment of Hart's Compound Asthma
Medicine. U. S. v. A. Thomas Hart {Hart's Swedish Asthma Medicine Co.
and Hart's Asthma Medicine Co.). Permanent injunction granted. De-
fendant subsequently adjudged g-uilty of contempt, fined $20O, and sen-
tenced to 6 months in jail; jail sentence suspended and defendant placed
on probation.     (Inj. No. 61.)
COMPLAINT FILED : December 1, 1943, Western District of New York, against A.
Thomas Hart, trading as the Hart's Swedish Asthma Medicine Co. and the
Hart's Asthma Medicine Co., at Buffalo, N. Y. The complaint alleged that the
defendant had been shipping in interstate commerce since April 22, 1941, quan-
tities of the above-named drug which were adulterated.
NATURE OF CHARGE: Adulteration, Section 501 (a), the drug consisted in whole
or in part of a filthy substance, namely, moldy medicine.
PRAYER OF COMPLAINT: That the defendant and his agents be perpetually en-
joined from the commission of the acts complained of.
DISPOSITION : On December 1, 1943, an order was issued to the defendant to
show cause why an injunction pendente lite should not be granted. On De-
cember 6, 1943, the defendant appeared but made no opposition to the granting
of such injunction, and the court ordered that the injunction issue. On
December 31,1943, the defendant haying failed to answer or otherwise plead to
the complaint, an order was entered perpetually enjoining and restraining the
defendant from the interstate shipment of Hart's Compound Asthma Medicine
until such time as such product should comply with the law. The defendant
was cited for contempt on April 24,1944, for a violation of the injunction, and
' on May 8,1944, the court ordered that the defendant return from the channels
of interstate commerce the medicine which had been shipped in violation of
the injunction, and that he cause its destruction. The defendant was again
cited for contempt on August 21,1945, and at the conclusion of the hearing on
the matter on August 27, 1945, the court imposed against the defendant a fine
of $200 and a suspended sentence of 6 months in jail and placed him on pro-
bation.