NOTICE OF JUDGMENT NO. 2558.
(Given pursuant to section 4 of the Food and Drugs Act.)
V. S. v. Drevet Manufacturing Co. Plea of gruilty to third and fourth 
counts of the information. Sentence suspended. First and second 
counts nolle prossed.
ADULTERATION AND MISBRANDING OF PEROXIDE OF HYDROGEN 
AND ALLEGED ADULTERATION AND MISBRANDING OF "CAC- 
HETS PEROXIDE OF HYDROGEN."
On September 25, 1911, the United States Attorney for the South- 
ern District of New York, acting upon a report by the Secretary of 
Agriculture, filed in the Circuit Court of the United States for said 
district an information in four counts against the Drevet Manu- 
facturing Co., a corporation, New York, N. Y., alleging shipment by 
said company, in violation of the Food and Drugs Act—
(1) On or about July 25, 1910, from the State of New York into 
the State of Missouri of a quantity of hydrogen peroxide which was 
alleged to have been adulterated and misbranded. The product was 
labeled: "Marchand's Peroxide of Hydrogen. (Medicinal) 15 Vol. 
H202. Can be taken internally or applied externally with perfect 
safety. A powerful destroyer of germs, bacteria and microbes in the 
human system. Prescribed and successfully used in the treatment of 
nose, throat, and chest diseases, women's weaknesses, and all other 
affections caused by bacteria. Full directions in circular around each 
bottle. Keep standing upright in a cool place and avoid shaking 
the bottle as it accelerates decomposition. Use only a silver, glass, 
porcelain or hard rubber spoon to measure or administer this remedy. 
All other metallic substances spoil it. 1 lb. bottle. Prepared only by 
Charles Marchand, Chemist and Graduate of the Ecole Centrale Des 
Arts et Manufactures De Paris, (France).   Laboratory 57-59 Prince
10452s—No. 2558—13
St., New York. Serial No. 1099. Guaranteed under the Pure Food 
& Drugs Act, June 30, 1906. Drevet Manufacturing Company, Sole 
Proprietors."
An analysis of a sample of the product by the Bureau of Chemis- 
try of this Department showed the following results: Hydrogen 
peroxide, 2.33 per cent, or 7.76 volumes available oxygen; free acid, 
100 cc, 2.83 cc N alkali; contains no acetanilide. Adulteration of the 
product was alleged in the first count of the information for the 
reason that it fell below the professed standard or quality under 
which it was sold, to wit, in that it was labeled and sold as 15 volume 
hydrogen peroxide, thereby indicating its strength and purity to be 
15 volume hydrogen peroxide, whereas, in truth and in fact, it was 
not 15 volume hydrogen peroxide, but was of a much less volume. 
Misbranding of the product was alleged in the second count of the 
information for the reason that it was labeled as set forth above so as 
to deceive and mislead the purchaser or purchasers thereof in that 
said label falsely stated that the product consisted of 15 volume 
hydrogen peroxide, whereas, in truth and in fact, it did not consist 
of 15 volume hydrogen peroxide, but of a much less volume.
2. On or about October 18, 1910, from the State of New York into 
the State of Michigan of a quantity of peroxide of hydrogen which 
was adulterated' and misbranded. The product was labeled: "One 
pound U. S. P. H202 Peroxide of Hydrogen—Special for hospital 
use Drevet Manufacturing company, New York, U. S. A."
An analysis of a sample of this product by the Bureau of Chemis- 
try of this Department showed the following results: Hydrogen 
peroxide, 1.3 per cent; non-volatile residue, 0.01 per cent; acidity 
(cc of N/10 sodium hydroxide required to neutralize 25 cc of sample), 
4.4; hydrofluoric acid, absent; other U. S. P. tests correct. Adul- 
teration of the product was alleged in the third count of the informa- 
tion for the reason that it was sold under and by a name recognized 
in the United States Pharmacopoeia, to wit, peroxide of hydrogen, 
and differed from the standard of strength, quality, and purity as 
determined by the test laid down therein, at the times of the ship- 
ment and investigation, in that it contained a smaller amount of 
hydrogen peroxide than that prescribed by said Pharmacopoeia and 
contained a greater amount of free acid than allowed by the said 
Pharmacopoeia, and in the same particulars it differed from the 
standard of quality and purity under which it was sold, and no 
standard of strength, quality, or purity was stated on the package 
other than the false statement that it was of the standard prescribed 
by said Pharmacopoeia. Misbranding was alleged in the fourth count 
of the information for the reason that the product was labeled, as set 
forth above, so as to deceive and mislead the purchaser or purchasers 
thereof, in that the product was labeled U. S. P. and would indicate
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that it was of that standard of strength laid down in the United 
States Pharmacopoeia, whereas, in truth and in fact, it was not of 
that standard, but of a much less standard, in that it contained a 
smaller amount of hydrogen peroxide and a greater amount of free 
acid than prescribed in said Pharmacopoeia.
On November 23, 1912, the defendant company entered a plea of 
guilty to the third and fourth counts of the information and the 
court suspended sentence. The first and second counts of the in- 
formation were nolle prossed.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, September 8, 1913.
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