Issued March 19, 1910.?
I. S. No.5231-b.
F. & D. No. 1068.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 226, FOOD AND DRUGS ACT.
MISBRANDING OF LAUDANUM.
On or about March 18, 1909, Henry S. Wampole & Co., a corpo??
ration, shipped from Baltimore, Md., to Norfolk, Va., a quantity?
of laudanum. Samples were procured from the shipment and ana??
lyzed in the Bureau of Chemistry, Department of Agriculture. As?
the finding of the analyst and report made indicated that the drug?
was adulterated and misbranded within the meaning of the Food?
and Drugs Act, the Secretary of Agriculture afforded Henry S. Wam??
pole & Co., and the party from whom samples were procured, oppor??
tunities for hearings; and as it appeared after hearings held that the?
above shipment was made in violation of the Food and Drugs Act,?
the Secretary of Agriculture reported the facts to the Attorney-Gen??
eral, together with a statement of the evidence upon which to base?
a prosecution.
In due course a criminal information was filed against Henry S.?
Wampole & Co., in the District Court of the United States for the?
District of Maryland, charging that the laudanum shipped as afore??
said was adulterated in that it differed from the standard of strength,?
quality, and purity as determined by the test laid down in the?
United States Pharmacopoeia or National Formulary; in that the?
label thereof represented the drug to be of the highest quality and?
strictly pure, whereas, in truth and in fact, it was not of ihe highest?
quality and not strictly pure; and further misbranded in that said?
label contained the false and misleading statement that the said?
drug contained 45.5 grains of opium to the ounce, when, in fact,?
there was present 37.7 grains of opium to the ounce.
The defendant pleaded guilty to the information on January 29,?
1910, and was fined $20.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
JAMES WILSON,
Secretary of Agriculture.?
WASHINGTON, D. C, February 25', 1910.
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