20581. Adulteration    and   Misbranding of    tincture    of    aconite.    U.S.    v.
Four 4-0unce Bottles of Tincture of Aconite. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. no. 29855. 
Sample no. 10221-A.)
This action involved an interstate shipment of tincture of aconite represented 
to be of pharmacopoeial standard. The article, when submitted to the tests 
laid down in the United States Pharmacopoeia, was found to have less than 
one third the required potency.
On February 14, 1933, the United States attorney for the Eastern District of 
New York, 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 four 4-ounce bottles of tincture of aconite, remain- 
ing in the original packages at Brooklyn, N.Y., alleging that the article had 
been shipped in interstate commerce on or about February 10, 1933, by the 
Gibson-Howell Co., from Jersey City, N.J., to Brooklyn, N.Y., and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: " Tincture of Aconite 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 was not stated on the container thereof.
Misbranding was alleged for the reason that the statement on the label, 
" Tincture of Aconite U S.P.", was false and misleading, in view of the fact 
that the article had a potency of less than three tenths of the minimum require- 
ment of the pharmacopoeia.
On March 14, 1933, 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.
R. G. TUGWELL, Acting Secretary of Agriculture.