20898. Adulteration and Misbranding of tincture of aconite. V. S. v. 
Eleven 4-Ounce Bottles of Tincture of Aconite TJ. S. P. Default 
decree of condemnation, forfeiture, and destruction.     (F. & D. no.
29810.    Sample no. 21657-A.)
This action involved an interstate shipment of tincture of aconite which was 
represented to be of pharmaeopoeial standard and which had a potency of 
less than three tenths of the minimum required by the United States Pharma- 
copoeia for tincture of aconite.
On February 6, 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 a libel praying seizure and condemnation 
of eleven 4-ounce bottles of tincture of aconite at Brooklyn, N.Y., alleging 
that it had been shipped in interstate commerce on or about January 16, 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 pharmacopoeia, and its own standard was not stated upon, the container.
Misbranding was alleged for the reason that the statement on the label, 
" Tincture of Aconite U.S.P.", was false and misleading.
On March 3, 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.