16389. Adulteration and Misbranding of alterative tablets, combination 
tablets, heart sedative tablets, phenolphthalein tablets, phe- 
nolphthalein compound tablets, phenacetin tablets, rheumatism 
tablets, and strychnine sulphate tablets. U. S. v. P. H. Mallen Co. 
Plea of guilty. Fine, SlOO and costs. (F. & D. No. 22531. I. S. Nos. 
14251-x, 14252-x,14257-x, 14259-x,14260-x, 14261-x, 14262-x, 14266-x.)
On March 16, 1928, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against the P. II. 
Mallen Co., a corporation, Chicago, Ill., alleging shipment by said company, in 
violation of the food and drugs act, on or about July 30, 1926, from the State of 
Illinois into the State of Michigan, of quantities of drugs in tablet form which 
were adulterated and misbranded. The articles were labeled in part, respec- 
tively: (Bottles) "No. 1 A. Alterative * * * Arsenicum 1/60 gr. * * * 
Prepared By P. H. Mallen Company;" " Combination Tablets No. 87 Analgesic 
and Anodyne;" "No. 3 Heart Sedative * * * Glonoine 1-100 gr. * * * 
Tablets;" "Phenolphthalein Tablets;" "Phenolphthalein Comp. No. 209 Phenol- 
phthalein 1-10;" " Phenacetin 1 Grain;" " No. 200 Rheumatism Lithium Salicy- 
late 3 grs. Colchicine * * * Macrotin * * * Phytolaccin * * * tab- 
let;"" Tablets of Strychnine Sulphate    *    *    *    1/60 Gr."
It was alleged in the information that the phenolphthalein tablets were adul- 
terated in that the article was sold under and by a name recognized in the 
National Formulary and differed from the standard of strength and purity as 
determined by the test laid down in said formulary at the time of the investiga- 
tion of the article, in that each tablet contained not more than 0.813 grain of 
phenolphthalein and 0.1228 grain of calomel, whereas said formulary provided 
that phenolphthalein tablets contain 1 grain of phenolphthalein and no calomel, 
and the standard of strength, quality, and purity of the article was not declared 
on the container thereof. Adulteration of the alterative tablets was alleged for 
the reason that the strength of the article fell below the professed standard and 
quality under which it was sold, in that each tablet was represented to contain 
1/60 grain of arsenicum, whereas each of said tablets contained more arsenicum 
than so represented, to wit, 1/21 grain of arsenicum, to wit, not less than 0.0491 
grain of arsenicum. Adulteration of the remaining tablets was alleged for the 
reason that the strength and purity of the articles fell below the professed stand- 
ard and quality under which, they were sold in that each of the said combination 
tablets was sold as containing 3 grains of acetanilide, whereas each of said tablets 
contained not more than 1.83 grains of acetanilide; each of the said heart seda- 
tive tablets was represented to contain 1/100 grain of glonoine, whereas each of 
said tablets contained not more than 0.00056 grain of glonoine, i. e., approxi- 
mately 1/1800 grain of glonoine; each of the said phenolphthalein compound tab- 
lets was represented to contain 1/10 grain of phenolphthalein, whereas each of 
said tablets contained not more than 0.0874 grain, i. e., approximately 7/8 of 1/10 
grain of phenolphthalein; each of said phenacetin tablets was represented to con- 
tain 1 grain of phenacetin, whereas each of said tablets contained not more than 
0.7639 grain, i. e., approximately 3/4 grain of phenacetin; each of said rheuma- 
tism tablets was represented to contain 3 grains of lithium salicylate, whereas 
said tablets contained no lithium salicylate; and each of said strychnine sul- 
phate tablets was represented to contain 1/60 grain of strychnine sulphate, 
whereas each of said tablets contained not more than 0.01235 grain, i. e., ap- 
proximately 1/80 grain of strychnine sulphate.
Misbranding of the said phenolphthalein tablets was alleged for the reason 
that the statement, to wit, "Phenolphthalein tablets," borne on the bottle label, 
was false and misleading in that it represented that the active medicinal agent 
of the said tablets consisted wholly of phenolphthalein, whereas the active 
medicinal agent of said tablets did not consist wholly of phenolphthalein but 
did consist in part of calomel. Misbranding of the combination tablets was 
alleged for the reason that they contained acetanilide and the label failed to 
bear a statement of the quantity and proportion of acetanilide contained therein.
Misbranding of the rheumatism tablets was alleged for the reason that the 
statements " Lithium Salicylate 3 grs. * * * tablet " and " Lithium Salicy- 
late, Colchicine, Macrotin, Phytolaccin," borne on the bottle labels, were false 
and misleading in that the said statements represented that the said tablets 
each contained 3 grains of lithium salicylate and were composed of lithium 
salicylate, colchicine, macrotin, and phytolaccin, whereas the article was not so 
composed, but was composed of colchicine, macrotin, phytolaccin, and lithium 
carbonate, and contained no lithium salicylate. Misbranding of the remaining 
tablets was alleged for the reason that the statements, "Arsenicum 1-60 gr.
* *    *    tablets," with respect to the alterative tablets, " Glonoine 1-100 gr.
* * * tablets," with respect to the heart sedative tablets, " Phenolphthalein 
1-10 gr. * * * tablets," with respect to the phenolphthalein compound tablets. 
" Phenacetin 1 Grain," with respect to the phenacetin tablets, and " Tablets of 
Strychnine Sulphate * * * 1/60 Gr.," with respect to the strychnine sul- 
phate tablets, borne on the respective labels, were false and misleading in that 
the said statements represented that the articles contained 1/60 grain of arseni- 
cum, 1/100 grain of glonoine, 1/10 grain of phenolphthalein, 1 grain of phenace- 
tin, or 1/60 grain of strychnine sulphate, as the case might be, whereas the said 
alterative tablets contained more than 1/60 grain of arsenicum; the said heart 
sedative tablets contained less than 1/100 grain of glonoine, the said phenol- 
phthalein compound tablets contained less than 1/10 grain of phenolphthalein, 
the said phenacetin tablets contained less than 1 grain of phenacetin, and the 
said strychnine sulphate tablets contained less than 1/60 grain of strychnine 
sulphate.
On May 1, 1929, a plea of guilty to the information was entered on behalf of 
the defendant company, and the court imposed a fine of $100 and costs.
ARTHUR M. HYDE, Secretary of Agricultwe.