6403. Adulteration and misbranding of elixir o? iron, quinine, and strych??
nine. U. S. * * * v. J. Walter McDonald. Collateral of $20 for??
feited.     (F. & D. No. 8512.    I. S. No. 9787-m.)
On March 19, 1918, the United States attorney for the District of Columbia,?
acting upon a report by the Secretary of Agriculture, filed in the police court?
of the District aforesaid an information against J. Walter McDonald, Wash??
ington, D. C, alleging that said defendant, on February 8, 1917, at the District?
aforesaid, in violation of the Food and Drugs Act, did offer for sale and sell?
a quantity of an article labeled in part, " Elixir Iron, Quinine and Strych??
nine. Contains 24.3 per cent alcohol. J. Walter McDonald, Pharmacist, Cor.?
4? and L Sts. S.W., Washington, D. C." which was adulterated and misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this?
department showed the following results:
Alcohol   (per cent by volume)?
17.8
Total alkaloid calculated to quinine hydrochlorid (gram per
100 cc)?
      .472
Glycerol: Present.
Adulteration of the article was alleged in the information for the reason?
that it was sold under and by a name recognized in the National Formulary,?
and differed from the standard of strength, quality, and purity as determined?
by the tests laid down in said National Formulary, official at the time of in??
vestigation of the article, in that it contained in 1,000 mils 4.72 grams of qui??
nine hydrochlorid, whereas said National Formulary provides that it Shall con??
tain in 1,000 mils-8.750 grams of quinine hydrochlorid; and the standard of?
strength, quality, and purity of the article was not declared on the container?
thereof.
Misbranding of the article was alleged for the reason that the Statement,?
to wit, " Contains 24.3 per cent alcohol," borne on the label attached to the?
bottle containing the article, regarding it and the ingredients and substances?
contained therein, was false and misleading in that it represented that the?
article contained 24.3 'per cent of alcohol, whereas, in truth and in fact, it?
did not, but contained less than 24.3 per cent of alcohol, to wit, 17.8 per cent;?
and for the further reason that it contained alcohol, and the label failed to?
bear a statement of the quantity or proportion of alcohol contained therein.
On March 19, 1918, the case having been called and the defendant having?
failed to appear, the $20 that had been deposited by him to insure his ap??
pearance was forfeited.
C. F. MABVIN, Acting Secretary of Agriculture.
470	
BUREAU OF  CHEMISTRY.	
[Supplement 59,