21234. Adulteration   and   Misbranding of   tincture   digitalis.     U.   S.   v.   Eight
1-Pint Bottles of Tincture Digitalis.    Default decree of condem- 
nation and destruction.     (F. & D. no. 30499.    Sample no. 31862-A.)
This case involved a product, represented to be tincture of digitalis of phar- 
macopoeial standard, which was found to have a potency of not more than 
two-thirds of that required by the United States Pharmacopoeia for tincture 
of digitalis.
On or about May 22, 1933, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of eight 1-pint bottles 
of tincture of digitalis at Stamford, Conn., alleging that the article had been 
shipped in interstate commerce, on or about October 22, 1931, by William R. 
Warner & Co., Inc., from New York, N.Y., and charging adulteration and 
misbranding in violation of the Food and Drugs Act. The article was labeled 
in part: "Tincture * * * Digitalis * * * U. S. P. X." The article was 
labeled in part: " Tincture Fat Free Digitalis S. & H. U. S. P. X. * * * The 
Searle & Hereth Co. Manufacturing Chemists Laboratories New York St. Louis."
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 pharmacy / 
copoeia, and its own standard of strength was not stated on the container. \
Misbranding was alleged for the reason that the statements on the label, 
" Tincture * * * Digitalis * * * U. S. P. X. * * * It is of full 
U. S. P. strength", were false and misleading, since it had a potency of not 
more than two-thirds of that required by the United States Pharmacopoeia for 
digitalis tincture.
On June 29, 1933, no claimant having appeared for the property, judgment of 
condemnation was entered and it was ordered by the court that the product be 
destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.