17752. Adulteration  and  Misbranding of fluid  extract  of  ergot, tincture
cincbona compound, tincture nux vomica, tincture belladonna, 
fluid extract of belladonna leaves, and tincture cincbona. U. S. 
v. C. F. Sauer Co. Plea of guilty. Fine, S25. (F. & D. No. 25005. 
I. S. Nos. 03308, 03311, 04102, 04104, 04105, 04114.)
Examination of samples of drugs from the herein-described interstate ship- 
ments having shown that the said samples did not conform to the United States 
Pharmacopoeia, the Secretary of Agriculture reported the matter to the United 
States attorney for the Eastern District of Virginia.
On September 17, 1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid an information against 
the C. F. Sauer Co., a corporation, Richmond, Va., alleging shipment by said 
company under the name of the American Laboratories (Inc.), in violation of 
the food and drugs act, in various consignments, on or about July 25, August 21, 
October 26, and December 14, 1928, respectively, from the State of Virginia into 
the District of Columbia of quantities of fluid extract of ergot, tincture cinchona 
compound, tincture nux vomica, tincture belladonna, fluid extract of bella- 
donna leaves, and tincture cinchona, which were adulterated and misbranded. 
The articles were labeled in part: "Fluidextract Ergot (U. S. P.) ;" "Tinct. 
Cinchona, Comp. U. S. P.; " " Tinct. Nux Vomica U. S. P.;" " Tinct. Belladonna 
(U. S. P);" "Fluidextract Belladonna Leaves, U. S. P;" and "Tincture 
Cinchona, U. S. P."
It was alleged in the information that the articles were adulterated in that 
they were sold under and by names recognized in the United States Pharma- 
copoeia and differed from the standard of strength, quality, and purity as deter- 
mined by the tests laid down in the said pharmacopoeia, viz: Thei said fluid 
extract of ergot was inert. The said tincture cinchona compound yielded not 
less than 0.640 gram of the alkaloids of cinchona per 100 cubic centimeters, 
whereas the said pharmacopoeia provides that compound tincture of cinchona 
should yield not more than 0.5 gram of the alkaloids of cinchona. The said 
tincture nux vomica yielded not less than 0.275 gram of the alkaloids of nux 
vomica per 100 cubic centimeters, whereas the pharmacopoeia provided that 
tincture of nux vomica should yield from each 100 cubic centimeters not more 
than 0.263 gram of the alkaloids of nux vomica. The said tincture belladonna 
yielded not less than 0.0463 gram of the alkaloids of belladonna leaves per 
100 cubic centimeters, whereas the said pharmacopoeia provided that tincture 
of belladonna should yield from each 100 cubic centimeters not more than 0.033 
gram of the alkaloids of belladonna leaves. The said fluid extract belladonna 
leaves yielded not less than 0.518 gram of the total alkaloids of belladonna 
leaves per 100 cubic centimeters, whereas the said pharmacopoeia provides that 
fluid extract belladonna leaves should yield from each 100 cubic centimeters 
not more than 0.33 gram of the total alkaloids of belladonna leaves. The said 
tincture cinchona yielded not more than 0.526 gram of the alkaloids of cinchona 
per 100 cubic centimeters, whereas the said pharmacopoeia provided that 
tincture cinchona should yield from each 100 cubic centimeters not less than 
0.8 gram of the alkaloids of cinchona; and the standard of strength, quality, 
and purity of the said articles was not declared on the container thereof.
Adulteration was alleged for the further reason that the strength and purity 
of the articles fell below the professed standard and quality under which they 
were sold in that they were represented to conform to the United States 
Pharmacopoeia, whereas they did not.
Misbranding was alleged for the reason that the statements, "Fluidextract 
Ergot (U. S. P.)," "Tinct. Cinchona Comp. U. S. P.," "Tinct. Nux Vomica 
U. S. P.," "Tinct. Belladonna (U. S. P.)," "Fluidextract Belladonna Leaves 
U. S. P.," and " Tincture Cinchona U. S. P.," borne on the labels of the respec- 
tive articles, were false and misleading in that the said statements represented 
that the articles conformed to the standard laid down in the United States 
Pharmacopoeia, whereas they did not.
On October 6, 1930, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $25.
ABTHTJB M. HYDE, Secretary of Agriculture.