18720 Adulteration and Misbranding of tincture aconite. TJ. S. v. Eight 
4-Ounce Bottles, et al., of Tincture Aconite. Default decrees of 
condemnation, forfeiture, and destruction. (F. & D. No. 26417. I. S. 
Nos. 5685, 5687.    S. No. 4735.)
Samples of tincture aconite, labeled as conforming to the requirements of the 
United States Pharmacopoeia, were found to fall below the pharmacopoeial 
requirements. The article was contained in 4-ounce and 1-pint bottles, the 
samples of the former being found to possess about one-fourth the potency and 
the latter about three-eighths the potency of that required by the pharmacopoeia.
On May 27, 1931, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid libels praying 
seizure and condemnation of eight 4-ounce bottles and five 1-pint bottles of 
the Baid tincture aconite, remaining in the original unbroken packages at Buf- 
falo, N. Y., consigned by Sharp & Dohme, Philadelphia, Pa., alleging that the 
article had been shipped from Philadelphia, Pa., in part on February 24, 1931, 
and in part on May 2, 1931, and had been transported from the State of Penn- 
sylvania into the State of New York, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: " Tincture Aconite U. S. P. X. Standard."
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 tests laid down in the said 
pharmacopoeia official at the time of investigation, and its own standard of 
strength was not stated on the container. Adulteration was alleged for the fur- 
ther reason that the strength of the said article fell below the professed stand- 
ard or quality under which it was sold, namely, " Tincture Aconite U. S. P. X. 
Standard."
Misbranding was alleged for the reason that the statements on the label, 
"Tincture Aconite U. S. P. X. Standard (Tinetura Aconiti) * * * Bio- 
logically standardized," were false and misleading.
On August 24, 1931, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by 
the court that the product be destroyed by the United States marshal.
ABTHUB M. HYDE, Secretary of Agriculture.