20746.  Adulteration and Misbranding of ginger.    U. S. v. Samuel H. Niman. 
Plea of guilty.    Fine, $100.     (F. & D. no. 26616.    I. S. no. 026589.)
This action was based on an interstate shipment of extract of Jamaica 
ginger that was represented to be of pharmacopoeial standard. Examination 
showed that the article did not conform to the requirements of the United 
States Pharmacopoeia; since it was deficient in ginger extractives and phenols 
were found, which are not present in the pharmacopoeial product. The article 
also contained less alcohol than declared on the carton and bottle.
On December 3, 1931, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States an information against Samuel H. Niman, 
Worcester, Mass., alleging shipment by said defendant in violation of the Food 
and Drugs Act, on or about March 21, 1930, from the State of Massachusetts 
into the State of Rhode Island, of a quantity of extract of Jamaica ginger that 
was adulterated and misbranded. The article was labeled in part: (Carton) 
"Niman's  Brand   Pure  Extract  Jamaica   Ginger  Pure  Alcohol  about   90%
* * * Bottled by S. H. Niman, Worcester, Mass."; (bottle) " Niman's Pure 
Fluid Extract of U. S. P. Ginger Alcohol Approx. 85%."
It was alleged in the information 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, quality, and purity as determined by 
the test laid down in the said pharmacopoeia official at the time of investiga- 
tion, in that the pharmacopoeia provided that 1,000 grams of ginger should 
yield 1,000 cubic centimeters of the article; whereas the article was deficient 
in material derived from ginger, and contained a phenolic compound not men- 
tioned as a constituent of fluidextract of ginger by the said pharmacopoeia ; 
and the standard of strength, quality, and purity of the article was not declared 
on the container. Adulteration was alleged for the further reason that the 
strength and purity of the article fell below the professed standard and quality 
under which it was sold.
Misbranding was alleged for the reason that the statement "Alcohol about 
90%", borne on the carton, and the statements, " Pure Fluid Extract of 
U. S. P. Ginger, * * * Alcohol Approx. 85% ", borne on the bottle label, 
were false and misleading, since it contained less than 85 percent of alcohol 
and was not fluidextract of ginger that conformed to the standard laid down 
in the said pharmacopoeia. Misbranding was alleged for the further reason 
that the article was a mixture deficient in material derived from ginger, and 
which contained a phenolic compound, prepared in imitation of fluidextract 
of ginger, U. S. P., and was offered for sale and was sold under the name of 
another article; and for the further reason that it contained alcohol and the 
label failed to bear a statement of the quantity and proportion of alcohol 
contained therein.
On January 11, 1932, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $100.
R. G. TTJGWEIX, Acting Secretary of Agriculture.