NOTICE OF JUDGMENT NO. 2367,
(Given pursuant to section 4 of the Pood and Drugs Act.)
ADULTERATION AND MISBRANDING OF TINCTURE OF DEODORIZED
OPIUM.
On November 15, 1912, the United States Attorney for the South- 
ern District of Illinois, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for said 
district an information against Flint, Eaton & Co., a corporation, 
Decatur, Ill., alleging shipment by said company, in violation of the 
Food and Drugs Act, on November 9, 1911, from the State of Illi- 
nois into the State of Indiana, of a quantity of tincture of deodorized 
opium which was adulterated and misbranded. The product was 
labeled: " Tinct. Opium Deodorized. Alcohol 25 per cent. Opium 
strength U. S. P. . Dose, 5 to 20 min. No. 1488. Guaranteed under 
the Food and Drugs Act June 30, 190G. Flint, Eaton & Co., 
Manufacturing Chemists, Decatur, Illinois (in corners, monogram, 
Cecco.)"
Analysis of a sample of the product by the Bureau of Chemistry 
of this Department showed the following results: Morphin (gram 
per 100 cc), 0.917; alcohol (per cent by volume), 40.44. Adultera- 
tion of the product was alleged in the information for the reason 
that it was sold and shipped under and by a name recognized in the 
United States Pharmacopoeia, to wit, under the name of tincture of 
deodorized opium, the standard of which at that time, as specified 
in said Pharmacopoeia, being that 100 cc of the tincture of deodorized 
opium should yield not less than 1.2 grams nor more than 1.25 grams 
of crystallized morphin, whereas said product at the time of ship- 
ment differed from the standard of strength of tincture of deodorized 
opium as determined by the tests laid down in said Pharmacopoeia 
official at the time of investigation, in that it contained crystallized
88829°—No. 2367—13
morphin per 100 cc, to wit, 0.917 gram, it being deficient in morphin, 
and the bottle containing said product at the time of shipment did 
not have the standard of strength plainly stated thereon. Misbrand- 
ing was alleged for the further reason that the product contained 
opium and morphin, and the package containing it failed to bear a 
statement on the label of the quantity or proportion of morphin or 
opium contained therein, and for the further reason that the state- 
ment "Alcohol 25 per cent" borne on the label was false and mis- 
leading because it created the impression that the product contained 
25 per cent alcohol, when, in truth and in fact, it contained a greater 
amount of alcohol, to wit, 40.44 per cent.
On December 17, 1912, the defendant company entered a plea of 
nolo contendere to the information and the court imposed a fine of 
$10 and costs.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, March 3, 1913.
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