20379. Adulteration   and   Misbranding of   tincture   of   digitalis.     U.S.   v.
Three 1-Pint Bottles, et al., of Tincture of Digitalis. Default de- 
cree   of  condemnation,  forfeiture,  and   destruction.     (F.  & D.  no.
27339.    I.S. no. 45257.    S. no. 5527.)
This action involved the interstate shipment of a quantity of tincture of 
digitalis which was represented to be of pharmacopoeial standard and which 
was found to have a potency of about two thirds of that required by the United 
States Pharmacopoeia.
On December 4, 1931, the United States attorney for the Eastern District of 
Missouri, 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 three 1-pint bottles and one 4-ounce bottle 
of tincture digitalis, remaining in the original packages at St. Louis, Mo., 
alleging that the article had been shipped in interstate commerce on or about 
October 14, 1931, by SchiefEelin & Co., from New York, N.Y., to St. Louis, Mo., 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part:" Tincture Digitalis * * * (Tinctura 
Digitalis U.S.P.) * * * Standardized biologically to meet the U.S.P. 
requirements."
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, since its potency was only two thirds of that required by 
the said standard.
Misbranding was alleged for the reason that the statements on the can label, 
" Tincture Digitalis * * * (Tinctura Digitalis U.S.P.) * * * standard- 
ized biologically to meet the U.S.P. requirements ", were false and misleading.
On December 12, 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.