20596. Adulteration and Misbranding of Keyser's " Fink " sold Capsules. 
U.S. v. Ernest L. Keyser (Keyser Chemical Co.). Plea of nolo 
contendere.    Fine, $5.     (F. & D. no. 27454.    I.S. no. 27792.)
This case was based on an interstate shipment of drug capsules which were 
represented to contain, among other ingredients, % grain of salol, and y± grain 
of either cinchonine or cinchonidine salicylates. Analysis showed that the 
article contained less than half the quantity of salol declared, and contained 
little, if any, cinchonine or cinchonidine salicylate, but did contain a small pro- 
portion of undeclared cinchona alkaloid, largely or entirely quinine.
On January 2, 1933, the United States attorney for the Western District 
of Virginia, 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 Ernest L. Keyser, trading as Keyser Chemical Co., Roanoke, Va., 
alleging shipment by said defendant in violation of the Food and Drugs Act, 
on or about March 6, 1931, from the State of Virginia into the State of North 
Carolina, of a quantity of drug capsules that were adulterated and misbranded. 
The article was labeled in part: " Keyser's ' Pink' Fold Capsules * * * 
Keyser Chemical Co., Inc., Roanoke, Virginia. * * * Salol Grs. % * * * 
Cinchon, Salicyl Grs. y2."
It was alleged in the information that the article was adulterated in that 
its strength and purity fell below the professed standard and quality under 
which it was sold, since each capsule was represented to contain % grain of 
salol, and % grain of either cinchonine salicylate or cinchonidine salicylate, 
whereas each of the capsules contained not more than 0.182 grain of salol; 
contained much less than y2 grain each, if any, cinchonine salicylate or cin- 
chonidine salicylate, and contained approximately J4« grain of a salt of one 
or more cinchona alkaloids, largely or entirely quinine, not declared as an 
ingredient.
Misbranding was alleged for the reason that the statements,  "Kapsules
* * * Salol Grs. y2 * * * Cinchon, Salicyl Grs. % ", borne on the bottle 
label, were false and misleading, since the statements represented that the
capsules each contained y2 grain of salol, and % grain of either cinchonine 
salicylate or cinchonidine salicylate, whereas they contained less than % grain 
of salol, they contained less than % grain of cinchonine salicylate or cin- 
chonidine salicylate, and did contain a small proportion of a salt of one or more 
cinchona alkaloids, largely, if not entirely, quinine.
On January 2, 1933, the defendant entered a plea of nolo contendere to the 
information, and the court imposed a fine of $5.
R. G. TUGWELL, Acting Secretary of Agriculture.