$2422. Misbranding of Estrusol tablets and Estrusol In oil. U. S. v. Carroll Dun-
ham Smith Pharmacal Co., Carroll Dunham Smith, Sr., Carroll Dunham
Smith, Jr., and Joseph W. Kouten. Pleas of guilty. Company fined
$500; fine suspended and company placed on probation for 1 year. Impo-
sition of sentence against individuals suspended and they were placed
on probation for 1 day. (F. D. C. No. 17878. Sample Nos. 1038-H, 3121-H,
3122-H, 31426-H, 31444-H.)
INFORMATION FILED : December 13, 1946, District of New Jersey, against Carroll
Dunham Smith Pharmacal Co., a corporation, Orange, N. J.; Carroll Dunham
Smith, Sr., president and treasurer; Carroll Dunham Smith, Jr., secretary;
and Joseph W. Kouten, director of laboratories.
ALLEGED SHIPMENT : Between May 2, 1944, and June 22, 1945, from the State of
New Jersey into the States of North Carolina and California and the District of
Columbia.
LABEL, IN PART : Estrusol tablets. (Bottle) "Estrogenic substances from preg-
nant mares' urine; principally estrone and estradiol."
Estrusol in oil. (Vials) "Estrogenic substance * * * From pregnant
mares' urine. Contains principally estrone and estradiol"; (cartons) "Natu-
ral estrogenic substances (principally estrone and estradiol) from pregnant
mares' urine."
NATURE OF CHARGE: Misbranding, Section 502 (a), the statements from the
above-quoted labels were false and misleading. These statements represented
and suggested that the estrogenic material present in the articles was estrogenic
substance as it occurs in and is extracted from pregnant mares' urine, whereas
the estrogenic material was not estrogenic substance as it occurs in and is
extracted from pregnant mares' urine.
DISPOSITION : November 7, 1947. Pleas of guilty having been entered, the corpo-
ration was fined $500; the fine was suspended and the corporation was placed
on probation for 1 year. Imposition of sentence against the individuals was
suspended and they were placed on probation for 1 day.,