7174. Adulteration    and    Misbranding of    Ergot   Apiol    Compound.     U.    S.
* * * v. G6 Boxes of Erg-ot Apiol Compound. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. No. 0929. 1. S. 
No. 6175-r.    S. No. C-1117.)
On March 24, 1919, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel for the seizure and condem- 
nation of 66 boxes, each containing 2 dozen soluble elastic capsules, Ergot 
Apiol Compound, at Cleveland, O., alleging that the article had been shipped 
on or about July 1, 1918, by the Evans Drug Co., Greensburg, Pa., and trans- 
ported from the State of Pennsylvania into the State of Ohio, and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part, " Soluble Elastic Capsules Ergot Apiol Compound."
Adulteration of the.article was alleged in the libel for the reason that its 
strength and purity fell below the professed standard and quality under which 
it was sold, and. in that it did not contain the quantities of the drug named 
on the label, and further in that the article had been diluted by the addition 
of cottonseed oil, being labeled in part, " Capsules Ergot Apiol Compound. Apiol 
5 min., Oil Savin | Min., Ergotin 1 gx-., Aloin I gr.," whereas examination showed
58?-20 3
18.2 per cent shortage, calculated on the basis of 6 capsules of 5i min., and 25.6 
per cent shortage, calculated on the same basis, of 50 additional capsules of 
5i min., and analysis showed that the product was composed of at least 50 
per cent cottonseed oil and resins from apiol and oil savin.
Misbranding of the article was alleged for the reason that the label was false 
and misleading in that the capsules purported to contain the amount of the drug 
compound indicated on the label, whereas they contained a less[er] amount, and 
for the further reason that it purported to be composed of the drugs indicated 
on the label, whereas it had been diluted by the addition of cottonseed oil. 
Misbranding of the article was alleged in substance for the further reason 
that it was an imitation of, and was offered for sale under the distinctive name 
of, another article, to wit, " Ergot Apiol Compound."
On June 30, 1919, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product should be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.