18668. Misbranding and allesred Adulteration of fluid extract of er&ot. 
U. S. v. Twenty-two 4 ounce bottles of Fluid Extract Ergot. De-' 
fault decree of condemnation and destruction entered.     (F. & D.
No. 25943.    I. S. Nos. 16004, 28703, 28704.    S. Nos. 4201, 4250.)
Examination of samples of a drug represented to be fluid extract of .ergot 
that conformed to the requirements of the United States Pharmacopoeia, showed 
that the article had a potency of from one-third to two-thirds of that specified 
Jay the pharmacopoeia for fluid extract of ergot.
On February 25,1931, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme Court 
of the district aforesaid, holding a District Court, a libel praying seizure and 
condemnation of twenty-two 4-ounce bottles of fluid extract of ergot. The libel 
was subsequently amended to cover the five 4-ounce bottles and 1 pint bottle 
of the product that had been seized, instead of the twenty-two 4-ounce bottles 
originally covered by the libel. It was alleged in the libel as amended that the 
article had been shipped by Sharp & Dohme from Baltimore, Md., in various 
consignments on or about November 12, 1930 and February 5, 1931, and had 
been transported from the State of Maryland into the District of Columbia, 
and that it was adulterated and misbranded in violation of the food and drugs 
act.
Adulteration of the article was alleged in the libel for the reason that it was 
sold under a name recognized in the United States Pharmacopoeia, namely, 
" Fluid Extract Ergot," and differed from 'the standard of strength determined 
by tests laid down in the said pharmacopoeia. Adulteration was alleged for 
the further reason that the article was sold under the following standard of 
strength, "Fluid Extract Ergot, U. S. P. X. * * * Biologically Standard- 
ized * * *? Standard: Each cc. Represents 1 Gram or Each Fluid ounce 
Represents 456 Grains of Ergot," whereas the strength of the said article fell 
below such professed standard.
Misbranding was alleged for the reason that the statements on the label, 
" Fluid Extract Ergot, U. S. P. X. * * * Biologically Standardized * * * 
Standard: Each cc. Represents 1 Gram or Each Fluid ounce Represents 456 
Grains of Ergot," were false and misleading.
On May 1, 1931, no claimant having appeared for the property, judgment was 
entered finding the product misbranded and ordering its condemnation, and it 
was further ordered by the court that the product be destroyed by the 
United States marshal.
ABTHUR M. HYDE, Secretary of Agriculture.