20597. Adulteration   and   Misbranding of   drug:   tablets.    U.S.   v.   John   A.
Borneman. Plea of guilty. Fine, $100. (F. & D. no. 29396. I.S. nos. 
43027, 43028.)
This action was based on the interstate shipment of two lots of drug tablets. 
Analyses showed a shortage of acetphenetidin in one of the products, and a 
shortage of strychnine sulphate in the other product.
On January 11, 1933, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for the district aforesaid an infor- 
mation against John A. Borneman, Norwood, Pa., alleging shipment by said 
defendant in violation of the Food and Drugs Act, on or about February 6, 1932, 
from the State of Pennsylvania into the State of New Jersey, of quantities of 
drug tablets that were adulterated and misbranded. One product was labeled 
in part: " 50 Acetphenetidin 1 gr. Eupatorium Tr. Bryonia Tr. Gelsemium 
Tr." The remaining product was labeled in part: " 54 Strychnine Sulph 1-60 
gr. Strophanthus Tr. 2 drops Digitalis Tr. 2 drops." Both products were 
further labeled: " John A. Borneman Homeopathic Manufacturing Pharmacist 
Norwood, Pa."
It was alleged in the information that the articles were adulterated in that 
they fell below the professed standard and quality under which they were sold, 
in that the former was represented to contain 1 grain of acetphenetidin, and 
contained less than so represented, namely, 0.8 grain of acetphenetidin; and 
the latter was represented to contain 1-60 grain of strychnine sulphate, and 
contained less than so represented, namely, not more than 1-75 grain of strych- 
nine sulphate.
Misbranding was alleged for the reason that the statements, " Acetphenetidin
1 gr." and " Strychnine Sulph 1-60 gr.", borne on the labels of the respective 
products, were false and misleading.
On March 20, 1933, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $100.
R. G. TUGWEIX, Acting Secretary of Agriculture.