19484. Adulteration and Misbranding of flnidextract ergot. U. S. v. 
Fourteen 1-Pint Bottles of Flnidextract Ergot, U. S. P. Default 
decree of condemnation, forfeiture, and destruction.     (F. & D. No.
28240.    I. S. No. 48819.    S. No. 6112.)
Samples of flnidextract of ergot, taken from the interstate shipment involved 
in this action, were found to possess a potency of less than one-third that 
required by the United States Pharmacopoeia for the product. The article 
was represented to be a pharmacopoeial product, and bore labeled directions 
for dosage based on its purported potency, and because of its low potency
would not produce the therapeutic effects claimed when administered according 
to directions.
On April 22, 1932, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of fourteen 1-pint bottles of the said fluidextract of ergot, remaining 
in the original unbroken packages at Newark, N. J., alleging that the article 
had been shipped by the American Pharmaceutical Co. (Inc.), New York, N. Y., 
on or about April 5, 1932, and had been transported from the State of New 
York into the State of New Jersey, and charging adulteration and misbranding 
in violation of the food and drugs act as amended. The article was labeled 
in part: " Fluid Extract Ergot, U. S. P."
It was alleged in the libel 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 statement on the label, 
" Fluid Extract Ergot, U. S. P.," was false and misleading. Misbranding was 
alleged for the further reason that the following statements appearing on the 
label, regarding the curative or therapeutic effects of the article, were false 
and fraudulent, since the preparation in the dose stated on the label would not 
produce the effects claimed: "Action—A powerful stimulant of involuntary 
muscles especially those of the uterus. An active vaso-constrictor and circu- 
latory stimulant. Uses—Checks postpartum hemorrhage by contracting the 
uterus. As a routine prophylactic measure against postpartum hemorrhage. 
For the relief of menorrhagia, metrorrhagia, some forms of dysmenorrhea, and 
atonic conditions of the reproductive orKans. Also as a circulatory stimulant. 
Dose—Average U. S. P.—30 minims (2 cc.)."
On May 25, 1932, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
AETHXTB M. HYDE, Secretary of Agriculture.