19452. Adulteration  and  Misbranding of  fluidextract  of  singer.     U.  S,  v.
Leo B. Dreyfoos and Irving S. Wolf (Queen City Distributing: Co.). / 
Plea of guilty by Leo B. Dreyfoos. Fine, $50. Nolle prosequi ( 
entered as to Irving S. Wolf.     (F. & D. No. 25710.    I.  S. No. 035405.)
Examination of samples of fluidextract of ginger represented to be a pharma- 
copoeial product showed that the article contained an oil similar to castor oil, 
which is not mentioned in the United States Pharmacopoeia as a constituent 
of fluidextract of ginger. The labeling of the article bore unwarranted cura- 
tive and therapeutic claims.
On May 15, 1931, the United States attorney for the Southern District of" 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid an information against 
Leo B. Dreyfoos and Irving S. Wolf, formerly copartners trading as the Queen 
City Distributing Co., Cincinnati, Ohio, alleging shipment by said defendants, 
in violation of the food and drugs act as amended, on or about February 27, 
1930, from the State of Ohio into the StatŠ of Louisiana, of a quantity of 
fluidextract of ginger that was adulterated and misbranded. The article was; 
labeled in part:   (Bottle)   " C. Q. Brand Fluid Extract of Ginger U. S. P.
* *    *    For   Cramps,   Diarrhoea,    *    *    *    and   externally   for   Toothache..
* *    *   Packed by The Queen City Distributing Co., Cincinnati, Ohio."
It was alleged in the information that the article was adulterated in that it 
was sold under and by a name recognized in the United States Pharmacopoeia, 
and differed from the standard of strength, quality, and purity as determined 
by the test laid down in the said pharmacopoeia official at the time of investi- 
gation, in that it was a product com posed in part of an oil similar to castor 
oiL, which is not mentioned in the pharmacopoeia as a constituent of fluid- 
extract of ginger; and the standard of strength, quality, and purity of the- 
article was not declared on the container thereof. Adulteration was alleged 
for the further reason that the article fell below the professed standard and 
quality under which it was sold, in that it was represented to be fluidextract of 
ginger which conformed to the standard laid down in the pharmacopoeia, 
whereas it was not.
Misbranding was alleged for the reason that the statement " Fluid Extract 
of Ginger, U. S. P.," borne on the label, was false and misleading in that the 
said statement represented that the article was fluidextract of ginger which 
conformed to the standard laid down in the United States Pharmacopoeia, 
whereas it was not. Misbranding was alleged for the further reason that the- 
article was composed in part of an oil similar to castor oil, prepared in imi- 
tation of fluidextract of ginger, U. S. P.. and was offered for sale and 
sold under the name of another article, to wit, fluidextract of ginger, U. S. P. 
Misbranding was alleged for the further reason that certain statements ap- 
pearing on the bottle label, regarding the curative and therapeutic effects of" 
the article, falsely and fraudulently represented that it would be effective, 
among other things, as a treatment, remedy, and cure for cramps, diarrhoea, 
and toothache, whereas it contained no ingredients or medicinal agents effec- 
tive as a treatment, remedy, or cure for cramps, diarrhoea, or toothache.
On April 15, 1932, Leo B. Dreyfoos entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $50 against the said defendant. On June- 
20, 1932, a nolle prosequi was entered as to Irving S. Wolf.
ABTHUB M. HYDE, Secretary of Agriculture.