20572. Adulteration and Misbranding of fluidextract of ergrot. U.S. v. 
Seven 1-pint Bottles of Flnidextract Ergot. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. no. 29004. 
Sample no. 20454-A.)
This action involved a quantity of a product represented to be fluidextract 
of ergot of pharmacopoeial standard, and which upon examination was found 
to possess a potency of not more than one half of that required by the United 
States Pharmacopoeia for the article. The product, because of its low potency, 
would not produce certain therapeutic effects claimed in the labeling.
On October 6, 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 condemnation of seven 1-pint bottles of fluidextract of ergot, remaining 
in the original unbroken packages at Bayonne, N.J., alleging that the article 
had been shipped in interstate commerce on or about August 20, 1932, by the 
Chermak Drug Co., of Bayonne, N.J., from the Imperial Drug Exchange, New 
York, N.Y., to Bayonne, N.J., 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. * * * American Pharmaceutical Co., 
Inc.   New York, N.Y."
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, "Fluid 
Extract Ergot", and differed from the standard of strength as determined 
by the test laid down in the pharmacopoeia, and its own standard of strength 
was not stated on the container.
Misbranding was alleged for the reason that the following statement on the 
label was false and misleading: " Fluid Extract Ergot U.S.P. * * * Physi- 
ologically Standardized." Misbranding was alleged for the further reason that 
the following statements on the label, regarding the curative or therapeutic 
effects of the article, were false and fraudulent: "Action—A powerful stimulant 
of involuntary muscles especially those of the uterus. An active vaso-con- 
strictor and circulatory stimulant. Uses—Checks postpartum hemorrhage by 
contracting the uterus. As a routine prophylactic measure post-partum hemor- 
rhage. For the relief of menorrhagia, metrorrhagia, some forms of dysmenor- 
rhea, and atonic conditions of the reproductive orKans. Also as a circulatory 
stimulant.   Dose—Average U.S.P.—30 minims (2cc.)."
On November 22, 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. TTTGWELI,, Acting Secretary of Agriculture.