NOTICE OF JUDGMENT NO. 2431. (Given pursuant to section 4 of the Pood and Drugs Act.) U. S. v. Ernest L. Robey. Plea of guilty to charge of adulteration. Fine, $5. Charge of misbranding- nolle pressed. ADULTEEATION AND ALLEGED MISBRANDING OF TINCTURE OF IODINE. On January 25. 1913, the United States Attorney for the District of Columbia, acting upon a report by the Secretary of Agriculture, filed in the Police Court of said District an information against Ernest L. Robey, trading under the name and style of Robey's Phar- macy, Washington, D. C., alleging the sale by said defendant, at the District aforesaid, in violation of the Food and Drugs Act, on June 12, 1912, of a quantity of tincture of iodine which was adulterated and misbranded. The product was labeled: (On bottle) " Tinct. Iodine, U. S. P. Poison (Skull and cross bones) Poison contain- ing 90% absolute alcohol by volume. Antidote: Emetics, and fol- low with drinks of Flour or Starch in water; Milk. Robey's Phar- macy, Successor to A. J. Shafhirt, Cor. NT. Capitol & H St., N. W., Washington, D. C." (Blown in bottle) " Robey's Pharmacy, North Capitol & H St., N. W., Washington, D. C." Analysis of a sample of the product by the Bureau of Chemistry of this Department showed the following results: Iodine (grams per 100 cc), 5.09; potassium iodide (per 100 cc), only a trace; alcohol, 91 per cent. Adulteration of the product was alleged in the informa- tion for the reason that it was offered for sale and sold under and by a name, to wit, tincture of iodine, which name was recognized in the United States Pharmacopoeia official at the time of the investigation, and said drug differed from the standard of strength and purity as determined by the test laid down in said Pharmacopoeia. Misbrand- 95932°—No. 2431—13 ing was alleged for the reason that the product was branded and labeled so as to deceive and mislead the purchaser, in that the label on the bottle bore the words and phrase " Tinct. Iodine," meaning and importing to the purchaser thereof that the product was a tincture of iodine, conforming to the standard set forth in the United States Pharmacopoeia, whereas, in truth and in fact, it was not. On January 25, 1913, the defendant entered a plea of guilty to the first count of the information, charging adulteration, and the court imposed a fine of $5. A nolle prosequi was entered as to the second count of the information, charging Misbranding of the product. B. T. GALLOWAY, Acting Secretary of Agriculture. WASHINGTON, D. G., May 16,1913. 2431 o