2981. Adulteration and misbranding of Elixir Theratone "B."   U.  S. v. 6>/2
Cartons, etc    (F. D. C. No. 27795.   Sample No. 56216-K.)
LIBEL FILED :    September 2,1949, District of New Jersey.
ALLEGED SHIPMENT : On or about January 20, 1949, by the Academy Mfg. Drug
Corp., from New York, N. Y.
PRODUCT : Elixir Theratone "B." 6? cartons, each containing 4 1-gallon
bottles, 65 1-pint bottles, and 150 1-ounce bottles. The pint and ounce
bottles had been repacked from gallon-size bottles by the consignee and
labeled essentially the same as the gallon bottles.
NATURE OF CHARGE: Adulteration, Section 501 (c), the strength of the article
differed from that which it was represented to possess, namely, "Each Tea-
spoonful (4 cc.) contains: * * * Niacinamide 10.0 mg.," since the article
contained less than the declared amount of niacinamide.
Misbranding, Section 502 (a), the label statement "Each Teaspoonful (4
cc.) contains: * * * Niacinamide 10.0 mg." was false and misleading as
applied to the article, which contained less than 10.0 mg. of niacinamide.
DISPOSITION : November 2, 1949. Default decree of condemnation and destruc-
tion.