NOTICE OF JUDGMENT NO. 2395. (Given pursuant to section 4 of the Food and Drugs Act.) ADULTERATION OF DEODORIZED TINCTURE OF OPIUM; ADULTERA- TION AND MISBRANDING OF ACETANILID TABLETS; ADULTERA- TION AND MISBRANDING OF CAFFEIN ALKALOID TABLETS; ADULTERATION AND MISBRANDING OF PHENACETIN TABLETS; ADULTERATION AND MISBRANDING OF SALOL TABLETS; MIS- BRANDING OF STRYCHNIN SULPHATE TABLETS. On December 11,1912, the United States Attorney for the Southern District of Illinois, acting upon a report by the Secretary of Agri- culture, filed in the District Court of the United States for said district an information in ten counts against Irwin, Neisler & Co., a corporation, Decatur, Ill., alleging shipment by said company, in violation of the Food and Drugs Act, on November 4, 1911, from the State of Illinois into the State of Indiana. (1) Of a quantity of deodorized tincture of opium which was adul- terated. The product was labeled: " Deodorized Tinct. Opium, U. S. Irwin, Neisler & Co., Manufacturing Pharmacists, Decatur, Ill. Standard of Strength:—That adopted by the United States Pharma- copoeia—one gram of drug to each 10 cubic centimeters. Deodorized Tinct. Opium U. S. This tincture is prepared by the officinal formula which renders it a most agreeable preparation of opium. It is thereby made free from narcotine and the noxious odor, which is the most offensive and least useful constituent of opium. It is carefully assayed and conforms to the U. S. standard. Dose, 6 to 15 min.; 0.6 to 1 Cc. Irwin, Neisler & Co., Manufacturing Pharma- cists, Decatur, Ill." Analysis of a sample of the product by the Bureau of Chemistry of this Department showed the following results: Morphin, 0.710 gram per 100 cc.; alcohol, 18.1 per cent by volume. Adulteration of 90127°—No. 2395—13 2 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, deodorized tincture of opium, the standard of strength of said product at that time, as specified in said Pharmacopoeia, being 100 cubic centimeters of deodorized tincture of opium should yield not less than 1.2 grams nor more than 1.25 grams of crystallized morphin, whereas the product differed from the standard of strength of deodorized tincture of opium as deter- mined by the test laid down in said Pharmacopoeia official at the time of investigation, in that it contained crystallized morphin per 100 cubic centimeters, to wit, 0.710 gram, being deficient in morphin and not having the standard of strength, quality, and purity plainly stated thereon or indicated in any way. A charge of misbranding was also made in the report transmitting this case to the Attorney General. (2) Of a quantity of acetanilide tablets which were adulterated and misbranded. The product was labeled: " 500 Tablets No. 6 Ace- tanilid 3 gr. Dose, 1 every half hour or hour until 3 or 4 are taken for fever with pain. Guaranteed under,F. and D. Act, June 30, '06. Irwin, Neisler & Co. Manufacturing Pharmacists, Decatur, Illinois." Analysis of a sample of the product by the Bureau of Chemistry of this Department showed the following results: Average amount of acetanilide per tablet, 2.46 grains; average shortage, 18 per cent. Adulteration of the product was alleged in the information for the reason that the standard of strength of the tablets was below the professed standard under which they were sold and shipped, to wit, 3 grains of acetanilid, the real strength of the tablet being 2.46 grains of acetanilide, being therefore deficient in acetanilid. Misbranding of the product was alleged for the reason that it was labeled as set forth above and the statement thereon concerning the ingredients contained therein was false and misleading, because it created the impression that each of the tablets contained 3 grains of acetanilid, whereas, in truth and in fact, the tablets contained on an average only 2.46 grains of acetanilid. (3) Of a quantity of caffein alkaloid tablets which were adul- terated and misbranded. The product was labeled: " 500 Tablets No. 216 Caffeine Alkaloid 1-2 gr. One tablet 3 times a day as a heart stimulant in weak and irregular action from valvular disease. Irwin, Neisler & Co. Mfg. Pharmacists, Decatur, Illinois." Analysis of a sample of the product by the Bureau of Chemistry of this Department showed the following results: Caffein per tablet, 0.22 grain. Adulteration of the product was alleged in the informa- tion for the reason that its standard of strength was below the pro- fessed standard under which sold and shipped, to wit, one-half grain 2395 of caffein alkaloid, the real strength of the tablets being, to wit, 0.22 grain of caffein alkaloid, and said product was deficient in caffein alkaloid. Misbranding was alleged for the reason that the product was labeled as set forth above and the statement thereon concerning the ingredients contained therein was false and misleading, because it created the impression that each of the tablets contained one-half grain of caffein alkaloid, whereas, in truth and in fact, the tablets contained on an average only 0.22 grain of caffein alkaloid. (4) Of a quantity of phenacetin tablets which were adulterated and misbranded. The product was labeled: " 500 Tab. Phenacetin 3 Grs. Irwin, Neisler & Co. Pharmaceutical Chemists, Decatur, Ill." Analysis of a sample of the product by the Bureau of Chemistry of this Department showed the following results: Average amount of phenacetin per tablet, 2.35 grains; shortage, 21.6 per cent. Adul- teration of the product was alleged in the information for the reason that its standard of strength was below the professed standard under which sold and shipped, to wit, phenacetin 3 grains, the real strength of the product being, to wit, 2.35 grains of phenacetin, and it was deficient in phenacetin. Misbranding was alleged for the reason that the product was labeled as set forth above and the statement on the label concerning the ingredients contained therein was false and misleading, because it created the impression that each of the tablets contained 3 grains of phenacetin, whereas, in truth and in fact, the tablets contained on an average only 2.35 grains of phenacetin. (5) Of a quantity of salol tablets which were adulterated and misbranded. The product was labeled: "500 Tablets No. 811 Salol 2^ grains. Dose, one every two hours as an intestinal antiseptic, and one every hour for acute rheumatism. Irwin, Neisler & Co., manufacturing Pharmacists, Decatur, Ill." Analysis of a sample of the product by the Bureau of Chemistry of this Department showed the following results: Average amount, of salol per tablet, 1.94 grains; average shortage, 22.4 per cent. Adultera- tion of the product was alleged in the information for the reason that its standard of strength was below the professed standard under which sold and shipped, to wit, salol 2J grains, the real strength of the tablets being, to wit, 1.94 grains of salol, being therefore deficient in salol. Misbranding was alleged for the reason that the product was labeled as set forth above and the statement on the label concern- ing the ingredients contained in the product was false and mislead- ing, because it created the impression that each of the tablets con- tained 2£ grains of salol, whereas, in truth and in fact, they con- tained on an average only 1.94 grains of salol. (6) Of a quantity of strychnin sulphate tablets which were mis- branded. The product was labeled: " 1000 Tablets No. 867 Strych- 2395 nin Sulphate 1-40 Gr. Guaranteed under F. & D. Act, June 30, '06. No. 3227. Irwin, Neisler & Co. Manufacturing Pharmacists, Decatur, Illinois." Analysis of a sample of the product by the Bureau of Chemistry of this Department showed the following results: Strychnin sulphate per tablet, one twenty-eighth grain. Misbranding of the product was alleged in the information for the reason that it was labeled as set forth above and the statement on the label concerning the ingre- dients contained in the product was false and misleading, because it created the impression that each of the tablets contained one- fortieth grain of strychnin sulphate, whereas, in truth and in fact, each of the tablets contained on an average one twenty-eighth grain of strychnin sulphate, which was an excess of strychnin sulphate. On January 4, 1913, the defendant company entered a plea of nolo contendere to the information and the court imposed a fine of $10 and costs. WILLIS L. MOORE, Acting Secretary of Agriculture. WASHINGTON, D. C.; March 3, 1913. 2395 o