18674. Adulteration and Misbranding of tincture aconite. U. S. .v. 7 Pint 
Bottles, et al., of Tincture Aconite. Default decrees of condemna- 
tion, forfeiture, and destruction. (F. & D. Nos. 26179, 26323. I. S. 
Nos. 8985, 28191.    S. Nos. 4516, 4655.)
Examination of samples of tincture of aconite, represented to conform to the 
requirements of the United States Pharmacopoeia, having shown that the article 
had a potency very much below the pharmacopoeial requirement, the Secretary 
of Agriculture reported the matter to the United States attorney for the Western 
District of New York.
On April 4 and May 2, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid libels praying seizure and 
condemnation of 18 pint bottles of tincture aconite, remaining in the original 
unbroken packages at Buffalo, N. Y., consigned by Sharp and Dohme, Philadel- 
phia, Pa., alleging that the article had been shipped from Philadelphia, Pa., in 
part on March 3, 1931, and in part on April 4, 1931, and had been transported 
from the State of Pennsylvania into the State of New York, and charging adul- 
teration and misbranding in violation of the food and drugs act. The article 
was labeled in part: " Tincture Aconite U. S. P. X. Standard * * * Bio- 
logically Standardized."
Analysis of a sample of the article by this department showed that it pos- 
sessed a physiological potency less than one-half of the minimum requirement 
of the United States Pharmacopoeia.
It was alleged in the libels 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 the test laid down in the said 
pharmacopoeia, and its own standard of strength was not stated on the 
container.
Misbranding was alleged for the reason that the statements on the label, 
" Tincture Aconite U. S. P. X. Standard * * * Biologically Standardized," 
were false and misleading.
On May 18 and June 8, 1931, no claimant having appeared for the property, 
judgments Of condemnation and forfeiture were entered, and it was ordered by 
the court that the product be destroyed by the United States marshal.
ABTHTJB M. HYDH, Secretary of Agriculture.