7102. Adulteration and Misbranding of castor oil. U. S. * * * v. 4J 
Gross Capsules of Castor Oil. Default decree of condemnation, for-< 
feiture, and destruction. (F. & D. No. 9832. I. g. Nos. 6183-r, 6184-r* 
S. No. C-1094.)
On March 6, 1919, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the Dis-< 
trict Court of the United States for said district a libel for the seizure and 
condemnation of 4^ gross capsules of castor oil at Cleveland, O., alleging that
the article had been shipped on or about December 9, 1918, and December 21, 
1918, by the Evans Drug Co., Greensburg, Pa., and transported from the State 
of Pennsylvania into the State of Ohio, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act, as amended. The boxes con- 
taining the alleged capsules of castor oil were labeled in part, " 12 Elastic 
Filled Capsules Castor Oil 2J grams " and " 6 Elastic Filled Capsules Castor 
Oil 2i grams."
Analysis of samples of the article made in the Bureau of Chemistry of this 
department showed a shortage in quantity of the contents varying from 15.6 
per cent to 22.4 per cent, and from 6.8 per cent to 12.8 per cent for the respec- 
tive lots, and that the contents consisted of a mixture of castor oil and cot- 
tonseed oil.
Adulteration of the article was alleged in the libel for the reason that it 
was sold under and by a name recognized in the United States Pharmacopoeia 
and differed from the standard of strength, quality, and purity as determined 
by tests therein laid down.
Misbranding of the article was alleged for the reason that the statements 
borne on the labels were false and misleading in that they represented that the 
capsules contained castor oil, and that each capsule contained 21 grams 
thereof, whereas the capsules contained a mixture of castor oil and cottonseed 
oil, and the contents showed an average shortage of 15.6 to 22.4 per cent and 
6.8 to 12.8 per cent, respectively, in net weight of liquid contents. Misbrand- 
ing of the article was alleged for the further reason that it was an imitation 
of, and was offered for sale under the name of, another article, to wit, castor 
oil.
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.