19892. Adulteration and Misbranding of Capsules Phenammo and Cap- 
sules InsuKans. U. S. v. The Philadelphia Capsule Co. Plea of 
nolo contendere. Fine, $150. (F. & D. No. 26671. I. S. Nos. 29101, 
29979.)
This action was based on the shipment of a quantity of Capsules Phenammo, 
samples of which were found to contain a smaller amount of acetphenetidin 
than declared on the label; also of a shipment of Capsules Insulans that were 
represented to contain insulin, and which were in fact inert, i. e., containing, 
none of the therapeutically important principles of insulin. Examination 
showed further that the articles contained no ingredients or combinations- 
of ingredients capable of producing certain curative and therapeutic effects 
claimed on the labels.
On August 3, 1932, the United States attorney for the Eastern District of 
Pennsylvania, 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 the Philadelphia Capsule Co., a corporation, Philadelphia, Pa., alleging 
shipment by said company, in violation of the food and drugs act as amended, 
on or about February 14, 1931, from the State of Pennsylvania into the State of 
New Jersey, of a quantity of Capsules Phenammo, and on or about February 23,. 
1931, from the State of Pennsylvania into the State of Delaware, of a quantity 
of Capsules Insulans, both of which products were adulterated and misbranded.
Analyses of samples of the articles by this department showed that the Cap- 
sules Phenammo contained 2.363 grains of acetphenetidin each and that the Cap- 
sules Insulans were physiologically inert. The articles were labeled in part, 
respectively: " Capsules Phenammo Represents Acetphenetidine 3 grs. * * * 
Philadelphia Capsule Co., Inc. Philadelphia, Pa.;" "Capsules Insulans (Phil- 
capco) Each Capsule Represents Insulin 1 unit Dose: One capsule before 
meals and at bed time, doubling the amount at the end of a week, and continue 
indefinitely: Blood sugars should show a 35 per cent distinct reduction if the 
above instructions are followed."
Adulteration of the Capsules Phenammo was alleged in the information for 
付he reason that the strength and purity of the article fell below the professed 
standard and quality under which it was sold, in that each capsule was repre- 
sented to contain 3 grains of acetphenetidin, whereas each of said capsules 
contained less than 3 grains of acetphenetidin. Adulteration of the Capsules 
Insulans was alleged for the reason that the strength and purity of the article 
fell below the professed standard and quality under which it was sold, in that 
-each capsule was represented to contain insulin, whereas the article contained 
jn the said capsules was inert.
Misbranding of the Capsules Phenammo was alleged for the reason that the 
statement " Capsules * ｦ * * Represents Acetphenetidine 3 grs.," borne on 
ｦthe label, was false and misleading, since each of said capsules contained less 
than 3 grains of acetphenetidin. Misbranding of the Capsules Insulans was 
alleged for the reason that the statements, to wit, " Each Capsule Represents 
Insulin 1 Unit. Dose: One capsule before meals and at bed time, doubling the 
amount at the end of a week and continue indefinitely. Blood sugars should 
不how a 35 per cent distinct reduction if the above instructions are followed," 
borne on the label, were false and misleading, since each of the said capsules 
?did not represent insulin 1 unit, and the said capsules when used as directed did 
not effect a reduction of 35 per cent in blood sugars, but were inert. Misbrand- 
ing of the Capsules Phenammo was alleged for the further reason that certain 
不tatements, designs, and devices regarding the curative or therapeutic effects 
賓f the article falsely and fraudulently represented that it was effective as a 
付reatment for dysmenorrhea and influenza. Misbranding of the Capsules In- 
sular was alleged for the further reason that certain statements, designs, and 
devices regarding the curative and therapeutic effects of the article falsely and 
fraudulently represented that it was effective to reduce blood sugars in the 
不ystem.
On September 19, 1932, a plea of nolo contendere to the information was en- 
tered on behalf of the defendant company, and the court imposed a fine of $150
HBNBY A. "WALLACE, Secretary of Agriculture.