20358.  Adulteration   and   Misbranding of   fluidextract of   ergot.     U.S.   v.
Eleven  1-Pint  Bottles  of Fluidextract  Ergot. Default  decree  of
condemnation,   forfeiture,   and   destruction. (F.   &   D.   no.   27652. 
I.S. no. 46167.    S. no. 5700.)
This action involved a quantity of a product represented to be fluidextract 
of ergot of pharmacopoeial standard which, upon examination, was found to 
possess a potency of not more than one half of that required by the United 
States Pharmacopoeia.
On January 13, 1932, the United States attorney for the Northern District 
of Georgia, 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 condemnation of eleven 1-pint bottles of fluidextract of ergot, 
remaining in the original unbroken packages at Atlanta, Ga., alleging that the 
article had been shipped in interstate commerce on or about December 12, 1931, 
by the Standard Pharmaceutical Corporation from Baltimore, Md., to Atlanta, 
Ga., and charging adulteration and misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Fluidextract Ergot (Fluid- 
extractum Ergotae) 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 upon the con- 
tainer. Adulteration was alleged for the further reason that the strength of 
the article fell below the professed standard of quality under which it was sold,
•
namely, " Fluidextract Ergot (Fluidextractum Ergotae) U.S.P.    *    *    *   Each
cc. of this extract represents one gram or each fluidounce 456 grs. of Ergot."
Misbranding was alleged for the reason that the statements on the label
" Fluidextract Ergot  (Fluidextractum Ergotae)  U.S.P. Physiologically Tested
* *    *    Each cc. of this extract represents one gram or each fluidounce 456 
grs. of Ergot", were false and misleading.
On November 11, 1932, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.