2023. Adulteration and misbranding of Gynestrol Natural Estrogenic Substance.
V. S. v. 20 Bottles of Gynestrol Natural Estrogenic Substance (and 3
seizure actions against other lots of the same product). Decrees of
condemnation. Portion of product ordered released under bond; remain-
der ordered destroyed. (F. D. C. Nos. 18674, 18833, 18896, 19207. Sample
Nos. 4380-H, 4381-H, 4394-H to 4398-H, incl., 4400-H, 5401-H to 5403-H, incl.,
23365-H, 60020-H.) ,
LIBELS PILED : December 17, 1945, and January 11, February 12, and March 25,
1946, Eastern District of Pennsylvania, Eastern District of Missouri, and West-
ern District of New York. The libels filed in the Eastern District of Pennsyl-
vania were amended October 1, 1946.
ALLEGED SHIPMENT: Between the approximate dates of September 20, 1943,
and November 27, 1945,, by S. B. Penick and Co., from New York, N. Y., and
Passaic, N. J.
PRODUCT: Gynestrol Natural Estrogenic Substance. 20 2,000-cc. bottles and
235.128 liters at Philadelphia, Pa.; 9 2,000-cc. bottles at St. Louis, Mo.; and
56 30-cc. vials and 197 10-cc. vials at Buffalo, N. Y., which had been re-
packed by the consignee from a shipment of 3   2,000-cc. bottles.
NATUSB OF CHARGE: (Portions) Adulteration, Section 501 (d), a solution of
estrogenic substances not composed of estrogens as they occur in and are
abstracted from mares' pregnancy urine had been substituted in whole or
in part for a solution of estrogenic substances derived from mares' pregnancy
urine.
(Portions) Misbranding, Section 502 (a), the statements displayed on the
bottles, "Natural Estrogenic Substance * * * Derived from mares' preg-
nancy urine," were false and misleading since the estrogenic material present
in the article did not consist of estrogens as they occur in and are extracted
from mares' pregnancy urine.
DISPOSITION: March 29, May 23, and October 1, 1946. The Pennsylvania lots
having been consolidated on motion of S. B. Penick and Co., claimant, and
the Blue Line Chemical 'Co., St. Louis, Mo., having appeared as claimant for the
Missouri lot, judgments of condemnation were entered and the claimed portion
of the product was ordered released under bond for relabeling. No claimant
having appeared for the New York lot, judgment of condemnation was entered
and this lot. was ordered destroyed.