21187. Adulteration  and  Misbranding of fluidextract of ergot.    U.  S. v. 4
Bottles of Fluid Extract Ergot. Default decree of destruction 
entered.    (F. & D. no. 29944.    Sample no. 34092-A.)
This case involved a shipment of fluidextract of ergot which was represented 
to be of pharmacopoeial standard and which was found to have a potency of 
less than one-fifth the potency required by the United States Pharmacopoeia. 
The article, because of its low potency, would not produce the therapeutic effects 
claimed in the labeling.
On March 16, 1933, the United States attorney for the Eastern District of 
Arkansas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 4 bottles of the said 
fluidextract of ergot at Little Rock, Ark., alleging that the article had been 
shipped in interstate commerce, on or about February 15, 1933, by the Meyer 
Bros. Drug Co., from St. Louis, Mo., and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act as amended.
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.
Misbranding was alleged for the reason that the following statements on the 
label were false and misleading: " Fluidextract Ergot, U.S.P. * * * One 
Cc. of this Fluidextract represents one gramme of superior standard ergot." 
Misbranding was alleged for the further reason that the following statements 
regarding the curative and therapeutic effects of the article, were false and 
fraudulent: " Nervous and muscular uterine stimulant, hemostatic. Average 
dose of the Fluidextract—Thirty Minims (2 Cc.) as required."
On June 29, 1933, no claimant having appeared for the property, judgment 
was entered ordering that the product be destroyed by the United States 
marshal.
M. L. WH-SON, Acting Secretary of Agriculture.