17610. Adulteration and Misbranding of flnld extract of ergot. IT. S. v. 3 
Pint Bottles, et al., of Fluid Extract Ergrot. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. No. 24769. I. S. 
No. 033828.    S. No. 3128.)
Examination by this department of samples of fluid extract of ergot from 
the herein described interstate shipment showed that it had a potency approx- 
imately one-fourth of that required by the United States Pharmacopoeia, since 
the pharmacopoeia provides that each cubic centimeter of fluid extract of ergot 
should represent 1 gram of ergot of rye, and that each fluid ounce should 
represent 456 grains of ergot of rye, while each cubic centimeter of the article 
represented about one-fourth of a gram of ergot of rye, and each fluid ounce 
represented about 114 grains of ergot of rye. The Secretary of Agriculture 
reported the matter to the United States attorney for the Northern District 
of Ohio.
On May 15, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 3 pint bottles and two 1-gallon bottles of fluid extract of ergot, 
remaining in the original unbroken packages at Cleveland, Ohio, alleging that 
the article had been shipped by the Burrough Bros. Manufacturing Co., Balti- 
more, Md., in various lots, on or about October 18, 1929, and March 7, March 14, 
and March 20, 1930, respectively, and had been transported from the State of 
Maryland into the State of Ohio, and charging adulteration and misbranding 
in violation of the food and drugs act.
Analysis of a sample of the article by this department showed that the 
fluid extract of ergot possessed one fourth the potency required by the United 
States Pharmacopoeia.
It was alleged in the libel that the article was adulterated in that it was sold 
under a name recognized in the United States Pharmacopoeia and differed 
from the standard of strength as determined by tests laid down in said phar- 
macopoeia, and its own standard of strength was not stated on the container. 
Adulteration of the article was alleged for the further reason that its strength 
fell below the professed standard or quality under which it was sold.
Misbranding was alleged for the reason that the following statements borne 
on the label were false and misleading: " Fluidextract Ergot U. S. P. X. Each 
c. c. of this extract represents one gm. or each fluid ounce 456 gr. of Ergot 
of Rye."
On June 18, 1930, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.